In normal times, the Canada Border Services Agency (“CBSA”) conducts verifications (audits) of importers to ensure that they are in compliance with Canadian customs laws (e.g., origin, tariff classification, valuation, etc.).  On March 26, 2020, we received the following notification from a CBSA Trade Compliance Officer with whom we are engaged on a file:

“Due

On March 16, 2020, the Canada Border Services Agency (“CBSA”) issued Customs Notice 20-08 “Imported Goods for Emergency Use in Response to COVID-19”, which discusses the circumstances where customs duty and goods and services tax (“GST”) /harmonized sales tax (“HST”) and excise tax relief will be granted for goods imported into Canada that will

On March 19, 2020, the Canada Border Services Agency (“CBSA”) released Customs Notice 20-10 “Waiver of Late accounting Penalties”  granting relief during the COVID-19 crisis.  The notice provides that certain late fees (also known as administrative monetary penalties (“AMPs”)) and late accounting penalties are being waived for transactions released between March 11, 2020, to May

At midnight on March 20, 2020, in an attempt to control the spread of COVID-19/coronavirus pandemic, Canada and the United States closed their shared border to non-essential travel for a period of thirty (30) days (which can be extended to a longer period of time).  “Non-essential” travel includes travel that is considered tourism

Written with Benjamin Lau – Published February 5, 2020

New York residents may no longer be able to enroll (or re-enroll) in Global Entry and other Trusted Traveler Programs, according to recent action by the Department of Homeland Security (“DHS”).

On February 5, 2020, Acting Homeland Security Secretary Chad Wolf announced DHS was suspending enrollment

The answer is “possibly”.  It is possible that the Canada Border Services Agency (“CBSA”) will confiscate your NEXUS membership if the Primary CBSA Officer or a Secondary CBSA Officer smells cannabis in your vehicle.  Even though cannabis can be sold legally in Canada and in many U.S. states, it is not legal to import cannabis

Persons who are registered with the Controlled Goods Directorate must notify the Minister of Public Services and Procurement of any actual or potential data breach within 3 days of discovery of the breach.  Since the requirement includes potential data breaches, Controlled Goods Registrants should report any hacking incidents, potential data breaches, employees taking company data,

Canadian companies whose business operations involve Controlled Goods must report changes to their Controlled Goods Directorate registration before an acquisition. This means that companies and their in-house and outside lawyers must ensure that the closing checklist includes the Controlled Goods Directorate reporting requirement. The due diligence checklist should also include questions about Controlled Goods registrations

To this point, nothing official has been published about changes to the 301 tariffs on Chinese goods, not even a Tweet!  What has circulated is the comments from President Trump on October 11 from the White House that negotiations with the Chinese were going well enough that the rise in tariffs from 25% to 30%

Originally published by the Journal of Commerce in October 2019

As the deadline to file List 3 exclusions requests for goods from China (the 301 investigation) has now expired, there is the opportunity to take a bit of a deep breath and survey the trade landscape. Doing so serves as a reminder, there is much