Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Monthly Archives: July 2017

Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report

Posted in Antidumping, World Trade Organization

In December 2016, Canada lost a World Trade Organization (“WTO”) dispute (Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482)) concerning the Canadian International Trade Tribunal injury determination in the Carbon Steel Welded Pipe case NQ-2012-003 (which involved Chinese Taipei, the Republic… Continue Reading

Could U.S. Sanctions Against China Affect Canadian Companies?

Posted in Export Controls & Economic Sanctions, U.S. Federal Government

There are news reports that President Trump is considering imposing economic sanctions against China.  U.S. Ambassador to the United Nations Nikki Haley made comments that suggest that sanctions are on the horizon (not quite imminent, but no longer unrealistic). If the United States imposes economic sanctions against China in response to the perceived/real lack of action… Continue Reading

Canadian Government Export Controls Policies Under A Microscope

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Politics

On July 28, 2017, Global Affairs Canada issued a statement of concern relating to escalating violence in eastern Saudi Arabia. In the Statement entitled “Canada concerned by escalating tensions in eastern Saudi Arabia”, Global Affairs stated: “Canada is concerned by the escalating violence in eastern Saudi Arabia, which has resulted in civilian and security force casualties…. Continue Reading

Canada’s Cabinet Can Impose Unilateral Economic Sanctions Against Venezuela Without Parliament Vote

Posted in Export Controls & Economic Sanctions, Exports

On July 26, 2017, Canada’s Minister of Foreign Affairs issued a Statement “Canada Calls on Venezuela to cancel Constituent Authority“.  The Statement contains two interesting sentences: “Furthermore, Canada welcomes and supports the important actions taken today by the United States to target leaders of the regime. Individuals who are undermining democracy and human rights in… Continue Reading

Canada Starts AD Expiry Review Re Liquid Dielectric Transformers

Posted in Antidumping

On July 25, 2017, the Canadian International Trade Tribunal (“CITT”) initiated an expiry review relating to its November 20, 2012 Order imposing antidumping duties on liquid dielectric transformers originating in or exported from South Korea (CITT File No. NQ-2012-001, continued without amendment in RD-2013-003).  The CITT Order was issued on November 20, 2012. What goods are at issue… Continue Reading

What Might Be The First Trade Issues Under The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border litigation, Cross-border trade, Government Procurement, Imports Restrictions, Trade Agreeements, World Trade Organization

The Canada-EU Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) will come into provisional effect on September 21, 2017.  Sometimes, disputes that have arisen prior to the implementation of a free trade agreement, which are left unresolved at the time of implementation, turn into full disputes between the parties. What could those disputes be? The… Continue Reading

Do Not Pass GO: Forgetting Your Receipts Gets You A Ticket To CBSA Secondary Inspection

Posted in Customs Law, NEXUS, valuation

We help a lot of Canadian citizens and Canadian residents who get their NEXUS Cards revoked, confiscated or cancelled by the Canada Border Services Agency (“CBSA”).  One issue that comes up time and time again is under-declaration because the traveler did not have all of their receipts printed and organized for primary inspection. While there… Continue Reading

NAFTA Chapter 19 Bi-National Panel Review Process Used Rarely By Canada/US; BUT Remains Needed

Posted in NAFTA Renegotiations, Trade Remedies

Let’s face an incontrovertible fact – in the last 10 years, there are have been very few NAFTA Chapter 19 Bi-national Panels convened in respect of Canada-US & US-Canada trade remedies.  Yes, there have been a few softwood lumber cases (prior to the last 10 years by the way). But, the reality is that, in… Continue Reading

Canada And Australia Mutually Recognize Trusted Traveler Programs

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law

On July 25, 2017, the Canada Border Services Agency (“CBSA”) announced that they had signed a Mutual Recognition Agreement with Australia’s Department of Immigration and Border Protection.  What this means is that Australia will recognize Canada’s trusted trader program called “Partners in Protection“(“PIP”) and Canada will recognize Australia’s trusted trader program. Canada’s PIP Program is… Continue Reading

Don’t Be Surprised If The Components Of Your Good Being Shipped Triggers Export Controls Or Economic Sanctions Concerns

Posted in Export Controls & Economic Sanctions

We often receive calls from small and medium sized businesses who receive word from the Canada Border Services Agency (“CBSA”) that their to-be exported goods have been detained and that the file has been referred to Global Affairs Canada, Export Controls Division for review against Canada’s export controls and economic sanctions laws.  This happens most… Continue Reading

Canada’s Standing Committee on Foreign Affairs And International Development Makes 13 Economic Sanctions Recommendations

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Uncategorized

In 2016 and early 2017, Canada’s Standing Committee on Foreign Affairs and International Development (FAAE) reviewed Canada’s Special Economic Measures Act (“SEMA”) and the Freezing Assets of Corrupt Foreign Officials Act.  The SEMA was encted to authorize the Governor in Council (Cabinet) to promulgate unilateral economic sanctions against states, as well as individuals and entities… Continue Reading

What Will The U.S. Be Fighting For And What Direction Can Canadian Businesses Take From The Recently Published U.S. Objectives For The NAFTA Renegotiation

Posted in Uncategorized

Reports in today’s press indicate that the first round of NAFTA renegotiation talks will begin on August 16, 2017 in Washington, D.C.   Each country has conducted or is in the process of conducting consultations with its stakeholders.  The U.S. Congress has now received the U.S. Summary of Objectives for the NAFTA Renegotiation (the “US Objectives”)…. Continue Reading

Canadian Steel Companies May Face Safeguard Measures in the EU: CETA Does Not Contain An EU Safeguard Exclusion For Canada

Posted in Canada-EU CETA

The European Union has said that should President Trump impose steel tariffs, the EU will expedite a steel safeguard case.  While Canada may be excluded from the U.S. Section 232 tariffs, Canadian steel companies would be caught by the European Union safeguard case.  There is no provision in the Canada-European Union Comprehensive Economic and Trade… Continue Reading

Canada Has Made Important Changes To The Export Control List And Export Controls Guide: It Is Time To Update Company Export Controls

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports

On July 12, 2017, the Government of Canada (more specifically, the Governor in Council (Cabinet)) promulgated changes to the Export Control list, which is a regulation.  In the Canada Gazette, Part II, Regulation SOR/2017-139 “Order Amending the Export Control List”  (the “ECL Order”) made pursuant to the Export and Import Permits Act was published.  The… Continue Reading

Canada Releases Notice to Exporters About CETA Light Vehicle Origin Quotas And Then Takes It Down

Posted in Canada-EU CETA, Export Controls & Economic Sanctions, origin

The Government of Canada posted a Notice to Exporters (No. 211) “Vehicles for Export to the European Union and Its Member States (Item 5210 of Canada’s Export Control List)”  (dated May 25, 2017) in which the rules for monitoring Canada-EU Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) new vehicle quotas (for exports to the EU)… Continue Reading

For Canada-EU CETA Purposes, The EU Includes Martinique, Saint Martin And Other Territories

Posted in Canada-EU CETA

They say you learn something new every day.  Today, when I reviewed the “Regulations Defining “EU country or other CETA beneficiary“”, I learned that the places covered by the Canada-EU CETA are broader than I thought.  The Regulations appeared in the July 15, 2017 Canada Gazette, Part I. It is time for a geography lesson… Continue Reading

U.S. Enhanced Screening At Canadian Airports Means Canadian NEXUS Card Holders Should Pack Smartly

Posted in Border Security, U.S. Federal Government

The U.S. Department of Homeland Security (“DHS”) has announced enhanced screening procedures at Canadian airports (in the pre-clearance areas). DHS said that “in light of evaluated intelligence,” it was deemed necessary to implement enhanced security measures for all commercial flights to the United States.  NEXUS Card holders get to use special automated kiosks and often… Continue Reading

Who Has The Burden Of Proof In A Canadian Customs Appeal?

Posted in Customs Law, tariff classification, Uncategorized

On July 18, 2017, the Canadian International Trade Tribunal (the “Tribunal”) posted its decision in Schlumberger Canada Limited v. President of the Canada Border Services Agency (CITT Appeal No. AP-2015-022).  In this decision, the Tribunal opined on who has the burden of proof in tariff classification appeals. First, it is important to know that, in… Continue Reading

What’s Next for NAFTA – USTR Releases its NAFTA Renegotiation Objectives

Posted in Uncategorized

On July 17, 2017, following consultation with Congress, stakeholders and the public, United States Trade Representative Robert Lighthizer released a detailed summary of the U.S. negotiating objectives for the renegotiation of the North American Free Trade Agreement (NAFTA) entitled the Summary of Objectives for the NAFTA Renegotiation (the “US NAFTA Renegotiation Objectives List”).  The summary… Continue Reading

Canada And Chile Negotiate A Gender Chapter For Addition to 20 Year Old Canada-Chile FTA

Posted in Trade Agreeements, Uncategorized

On June 5, 2017, Canada’s Minister of International Trade announced the “addition of a chapter on trade and gender to modernize the 20-year-old Canada-Chile Free Trade Agreement.”  What this Gender Chapter contains has not yet been released publicly – so, no one knows what this all means.  The Global Affairs Canada announcement states the following… Continue Reading

What Are Canada’s Tariff Codes (As At July 14, 2017)?

Posted in AMPs, Canada-EU CETA, Canada-Ukraine FTA, Customs Law, valuation

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of free trade agreements.  A tariff rate code is assigned for every free trade agreement partner because tariff elimination commitments and tariff reduction schedules cause applicable tariff rates to be different from… Continue Reading

The July 12, 2017 Canada Gazette Contains Regulations Needed For Canada-Ukraine FTA and Canadian FTA Implementation

Posted in Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Cross-border trade, Customs Law, Government Procurement, origin, Trade Agreeements

The July 12, 2017 issue of the Canada Gazette, Part II, is full of important trade-related regulations and orders.  In Canada, regulatory rules are published in the Canada Gazette.  Regulations are prepared by government departments and promulgated by the Governor in Council (Cabinet).  Regulations do not need to be voted on by the House of… Continue Reading

The CFIA Reverses Its Decision: Wine Produced In The West Bank CAN Be Labelled “Product of Israel”

Posted in Agriculture, Canada's Federal Government, Trade Agreeements

On July 13, 2017, early in the morning, we posted an article entitled “The Canadian Food Inspection Agency Asks For Israeli Wines To Be Removed From Ontario Shelves“.  We are pleased to confirm that the CFIA has reversed its decision that wines produced from grapes grown in the West Bank and fermented and produced in… Continue Reading