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

Category Archives: Cross-border deals

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Where Do Your Goods Originate?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, FCPA/Anti-Corruption, Government Procurement, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in April 2018 The brewing trade war between the U.S. and China serves as a reminder to international traders that knowing where your goods are made and being able to prove it are two very different issues.  At a time when it remains common place for U.S. Customs… Continue Reading

What We Have is a Failure to Communicate: Computer Programmers Should Not be Expected to Know Customs and Trade Compliance

Posted in AMPs, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, GST/HST, Imports Restrictions, origin, Sales Taxes, tariff classification, Tax, valuation

This is a common problem – too common.  The people in the company responsible for customs and trade compliance do not work closely with the computer programmers as software is being developed — and mistakes are made.  The computer programmer does his or her job in preparing the code, but does not have any knowledge… Continue Reading

USTR Publishes 301 Product List / China Reacts

Posted in Aerospace & Defence, Agriculture, Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, World Trade Organization

Since this article was originally published by MSK, we have learned China filed a complaint at the WTO challenging imposition of the threatened 301 tariffs. This WTO challenge is in addition to the one previously filed challenging the 232 tariffs the U.S. imposed. The U.S. Trade Representative (“USTR”) has prepared for publication a Federal Register… Continue Reading

China Retaliates

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments

China suspended concessions  on certain U.S. goods effective April 2, 2018 See here for a list of the impacted products – 9927131 The WTO is circulating a communication from China which also lists the products against which retaliation has been taken – see China 232 Product List for more details  

Steel/Aluminum Tariffs Exemptions Clarified

Posted in Aerospace & Defence, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies

In off the record comments on March 28, 2018, an official of the Dept. of Commerce provided some clarification as to how the product exemption process will work. Of course, the starting point is if your product is subject to the steel or aluminum tariffs and is not from an exempted country, the 25% or… Continue Reading

Trade Trifecta!

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, World Trade Organization

Since the original publication of this Alert, South Korea and the U.S. have concluded their negotiations regarding the Korea-U.S. Free Trade Agreement, and, as a result, South Korea has been permanently excluded from the steel and aluminum tariffs. ————— Some events rather significant to international traders occurred in the last few days. First, on Friday,… Continue Reading

New Tariffs : Definition and Exclusion

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies

When President Trump announced the 25% steel and 10% aluminum tariffs on March 8, 2018, he instructed the  Secretary of Commerce to issue regulations explaining how American companies could seek exclusions from those tariffs no later than March 19, 2018, and that deadline has been met.  These new regulations can be found at:  https://www.commerce.gov/sites/commerce.gov/files/federal_register_vol_83_no_53_monday_march_19_2018_12106-12112.pdf Before… Continue Reading

Knock, Knock: The Tariffs Are Coming! The Tariffs Are Coming!

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Originally published by the Journal of Commerce in March 2018 As has been widely reported, on March 8, 2018, President Trump signed one Presidential Proclamations imposing a 25% additional tariff on defined steel products, and a second one imposing an additional 10% tariff on defined aluminum products.  The only countries exempted from the outset are… Continue Reading

The new Trump tariffs – the tip of the trade iceberg

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, Trade Agreeements, Trade Remedies

Our good friend and Australian lawyer – Andrew Hudson – has published an article about the U.S. steel and aluminum tariffs with an interesting take based on current events in Australia. Andrew’s article can be found on the Rigby Cooke website at http://www.rigbycooke.com.au/latest/new-trump-tariffs-tip-of-trade-iceberg. It has also been published in the DCN at http://www.thedcn.com.au/the-new-trump-tariffs-the-tip-of-the-trade-iceberg/ (subscription required)…. Continue Reading

Here Come Those New Steel and Aluminum Tariffs!

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Earlier today, March 8, 2018, President Trump signed two Presidential Proclamations, one dealing with additional tariffs on steel and the other with additional tariffs on aluminum. As has been widely reported in the general press, those rates are 25% on steel and 10% on aluminum. The only countries exempted are Canada and Mexico. Steel articles… Continue Reading

Steel & Aluminum: Tough Tariffs, Tough Road Ahead?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Legal Developments, Trade Remedies, World Trade Organization

Earlier today, President Trump announced his intention to adopt the recommendations of the Dept. of Commerce and impose tariffs on imports of steel and aluminum. The formal signing is said to be taking place “next week”.  President Trump has stated those tariffs will be 25% on foreign-made steel and 10% on foreign-made aluminum. Hopefully when… Continue Reading

Bombardier Is The Big Winner

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Cross-border deals, Cross-border trade, Customs Law

In a result that was shocking to most, on Friday, January 26, 2018, the International Trade Commission announced a finding of NO material injury to American industry (read Boeing) and so voted to NOT impose either antidumping or countervailing duty on Bombardier’s 100 to 150 seat jets.  This brings to an end a very high profile… Continue Reading

We have a Deal: What are the next steps for Canada to implement the CPTPP?

Posted in Agriculture, Canada's Federal Government, Corporate Counsel, CPTPP, Cross-border deals, Cross-border trade, TPP-1

On January 23, 2018, Canada and Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam reached an agreement in principle that is the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) (formerly known as the TransPacific Partnership Agreement, TPP, TTTP-1, and TPP-11). The United States withdrew from TPP in January… Continue Reading

Border Searches of Electronic Devices

Posted in Aerospace & Defence, Agriculture, Border Security, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

Earlier this month, MSK attorneys David Rugendorf and Frida Glucoft published an Alert summarizing the latest directive issued by Customs and Border Protection (CBP) regarding the search of electronic devices.  A copy of their original article can be found here –  Hold That Call International Travelers.  Given the  increasing likelihood of any traveler’s electronic devices… Continue Reading

He Said What ?????

Posted in Aerospace & Defence, Agriculture, Antidumping, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Harmonization, Imports Restrictions, Intellectual Property, Legal Developments, Proceeds of Crime/Money Laundering, Trade Remedies

Originally published by the Journal of Commerce in December 2017 While Special Counsel Robert Mueller continues his investigation, the recent guilty plea entered by Trump former National Security Advisor Lt. Gen. Michael Flynn (Ret.) serves as a reminder that when you are interviewed by a law enforcement agent, you better be sure what you say… Continue Reading

Compliance Incentive: Canada to appoint a Canadian Ombudsman for Responsible Enterprise

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Cryptocurrencies, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Legal Developments

On January 17, 2018, the Government of Canada furthered its “progressive trade agenda” and responded to calls from human rights groups by announcing that it is going to watch the activities of Canadian businesses operating in overseas markets more seriously.  The Government of Canada will create an Office of the Canadian Ombudsman for Responsible Enterprise… Continue Reading

NAFTA Termination? What is your Strategy?

Posted in Canada's Federal Government, Canada-EU CETA, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, NAFTA, NAFTA Renegotiations, Trade Agreeements, U.S. Federal Government

Will President Trump terminate NAFTA?  Unfortunately, we don’t know.  Some days, press reports suggest a growing possibility that he will take steps to terminate the agreement.  Other days, President Trump’s pronouncements hint that he may be prepared to further negotiations. This leaves organizations in a difficult position.  If President Trump does issue a notification of… Continue Reading

Top 10 Anti-Bribery/Anti-Corruption Developments in Canada in 2017

Posted in Canada's Federal Government, Cross-border deals, Export Controls & Economic Sanctions, FCPA/Anti-Corruption

Canada is not known for developments in anti-bribery and anti-corruption laws.  However, 2017 has been a busy year of advancements and developments.  Looking back on 2017, persons with a real and substantial link to Canada should be more concerned about compliance with Canada’s anti-bribery laws. In you have not done so already, it is time… Continue Reading

Facilitation Payments are Bribery: Canada Finally Repeals “Facilitation Payments” Exception

Posted in Canada's Federal Government, Cross-border deals, FCPA/Anti-Corruption

Canadian anti-corruption law is now clear, facilitation or “grease” payments to foreign public officials are illegal. There used to be a gray area – some Canadian companies did not know how to approach the small payments requested by low-level officials to speed up routine government functions and Canadian compliance managers wasted much time guessing about… Continue Reading

Canada Lists Names: Canada Publishes 3 Magnitsky Sanctions Lists

Posted in Aerospace & Defence, Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Legal Developments, Proceeds of Crime/Money Laundering

On November 3, 2017, Canada announced sanctions and published three lists of names under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (a.k.a Canada’s Magnitsky Act) imposing sanctions against 52 individuals from Russian, Venezuela and South Sudan.  The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) received Royal Assent on October… Continue Reading

Walking the North Korean Tightrope

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies, Transportation

On September 21, 2017, President Trump issued an Executive Order (yet to be numbered) (“EO”) imposing additional sanctions on North Korea. It took affect the next day. The general press has quoted Treasury Secretary Mnuchin as stating: “Foreign financial institutions are now on notice that going forward they can choose to do business with the… Continue Reading

Solar Flare Up with China

Posted in Antidumping, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies

Two actions took place at the end of last week which heighten concerns that a trade war with China could be ever more likely.  First, there was the preliminary decision in the solar panels 201 case.  Then, we had the additional sanctions imposed by the President on North Korea. The 201 solar panel case began… Continue Reading

CBP : Old Issues / New Tricks!

Posted in Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in September 2017. As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools.  One new tool is worth considering and one existing tool is worth revisiting. The new enforcement tool is… Continue Reading

What is in a Name?

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, Uncategorized

Originally published by the Journal of Commerce in August 2017. We are now a few months (almost 7) into Mr. Trump’s Presidency and it is still not clear  – what is the Administration’s trade policy?   The general press is rife with stories about the warring factions within the Administration – those who xenophobically want to… Continue Reading