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

Category Archives: Customs Law

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What is the Canadian International Trade Tribunal?

Posted in Antidumping, Canada's Federal Government, Customs Law, Government Procurement, origin, tariff classification, Trade Remedies, valuation

The Canadian International Trade Tribunal (also known as the “CITT”) is an independent, Canadian quasi-judicial administrative tribunal that adjudicates a variety of international trade cases and matters. The CITT is the place to go to receive a fair, timely, transparent and effective resolution of a trade-related dispute and/or government-mandated inquiry/dispute, provided that the trade-related dispute is… Continue Reading

Money, Money, Who Owes the Money?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Customs Law, Legal Developments

Originally published by the Journal of Commerce in October 2017 You receive an invoice from Customs and Border Protection (CBP) for additional duty assessed on an entry. When do you have to pay it?  Presumably the answer is within thirty (30) days, but maybe not! One of the members of the trade bar was recently… Continue Reading

Tips for Traveling with Electronic Devices

Posted in Aerospace & Defence, Border Security, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Cybersecurity and Privacy, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Legal Developments, Transportation

In the September 18, 2017 Federal Register notice (see 82 FR 43556) , U.S. Citizenship and Immigration made clear it will now routinely require those applying to enter the U.S. to provide social media handles. As such, the obvious starting point for these tips must be a reminder that Customs and Border Protection (“CBP”) officers… 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

The Origin Verification Process In CETA Is Different From What Canadian Businesses Are Used To

Posted in Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, NAFTA, origin

Canadian businesses are used to the North American Free Trade Agreement (“NAFTA”) customs procedures for verifying certificates of origin that effectively state that exported goods are “made in Canada”. The NAFTA origin verification procedures have been adopted in most other Canadian free trade agreements. Under NAFTA, United States Customs and Border Protection (“US CBP”) officers… Continue Reading

Are You Ready To Benefit From The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Imports Restrictions, origin, tariff classification

On September 14, 2017, the Canada Border Services Agency (“CBSA”) issued Customs Notice 17-30 “Implementation of the Canada-European Union Comprehensive Economic and Trade Agreement”, which sets out some of the final administrative details needed before duty-free imports are processed starting on September 21, 2017.  These final details supplement the Canada-EU CETA text, the Canada-European Union Comprehensive… Continue Reading

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

Posted in Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Customs Law, origin

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

Canada Has Published Order-In-Council And Regulations For Canada-EU CETA Implementation

Posted in Canada's Federal Government, Canada-EU CETA, Customs Law, Export Controls & Economic Sanctions, Imports Restrictions, origin

On September 1, 2017, the Trudeau Cabinet (Governor-in-Council) promulagated many of the regulations necessary for the implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) on September 21, 2017. The Canada-EU CETA regulati9nos were published in in the September 7, 2017 Canada Gazette. The most important document is an Order-in-Council fixing September… 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

Canada Does Not Impose Customs Duties On Most Manufacturing Inputs

Posted in Canada's Federal Government, Cross-border trade, Customs Law, NAFTA Renegotiations

There is some concern that U.S. President Trump will cancel NAFTA (because he has said he would terminate NAFTA if he does not get what he wants from Canada and Mexico during the NAFTA renegotiation meetings).  One of the concerns raised in the media is that Canada will impose customs duties on U.S.-origin manufacturing inputs,… Continue Reading

What Should Canadian Companies Due Between NAFTA Modernization Rounds?

Posted in Agriculture, Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Environment, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, NAFTA, NAFTA Chapter 11, NAFTA Renegotiations, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies

In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held in… Continue Reading

What Are the CBSA’s Customs Verification Priorities for H2 2017?

Posted in Customs Law, origin, tariff classification, valuation

In July, 2017, the Canada Border Services Agency (“CBSA”) released “Tariff Compliance Verifications – July 2017”.  What are “Tariff Compliance Verifications”? Tariff compliance verifications are CBSA customs audits during which the CBSA ensures that importers are using the proper tariff classification (HS Code) numbers when completing import documentation. If you are making mistakes, the CBSA… Continue Reading

The Canada Border Services Agency Has Authority To Seize Hate Propaganda

Posted in Border Security, Canada's Federal Government, Customs Law, tariff classification

The Canada Border Services Agency (“CBSA”) is the gatekeeper and hate propaganda is a prohibited importation under item 9899.00.00.00 of the Customs Tariff (Canada).  Don’t bring hate propaganda to Canada and do not send hate propaganda to Canada and don’t attempt to import hate propaganda into Canada – unless you would like the CBSA to… Continue Reading

Can the CBSA Search My Electronic Devices?

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

We are often contacted by travelers after they have been selected (random or mandatory) for a secondary examination by the Canada Border Services Agency (“CBSA”) upon arrival at the Canadian border. Usually, the traveler had something on a laptop computer or smart phone that they did not want the CBSA to see or use against them… Continue Reading

The CBSA Should Respect Solicitor-Client Privilege At The Canadian Border

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Customs Law

The Canada Border Services Agency (“CBSA”) does have an internal policy with respect to examinations and searches of lawyers who are crossing the border into Canada.  This internal policy (Operational Bulletin PRG-2014-07 “Examination of Solicitor-Client Privileged Materials”) is not publicly available on the CBSA web-site, so we posted it.  It is available through Access to… 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

Do You Know The Canadian Marking And Labelling Rules For Importing Textile Products Into Canada?

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

There are several pieces of Canadian legislation that prescribe marking and labelling requirements for textile products that are imported into Canada.  While it is difficult to provide specific requirements without detailed information about the product, and certain exemptions may be available, the manufacturer, importer, target market, etc, the following marking/labelling requirements may apply: 1) Country… Continue Reading

Trading with China – New Reasons To Be Wary!

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Antidumping, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Labour, Legal Developments, Trade Agreeements, Trade Remedies

Yesterday, August 2, 2017, President Trump signed into law H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act”.  The general press is covering this story by writing about Russia’s initial retaliation taking the form of cutting the staff authorized at the U.S. embassy in Moscow and the seizure of certain U.S. diplomatic property within Russia. … Continue Reading

August Civic Holiday: Survival Guide For Canada-US Cross Border Travel

Posted in Agriculture, Border Security, Customs Law, GST/HST, Immigration law, NEXUS, Personal Comments, Proceeds of Crime/Money Laundering

The August Civic Holiday long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration and… Continue Reading

How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, NAFTA Renegotiations, Proceeds of Crime/Money Laundering

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global Affairs… Continue Reading

Canada Announces Canada-EU CETA Cheese Quota Rules

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, origin

Retailers, distributors, restaurants, domestic producers and others have been anxiously awaiting the Government of Canada’s announcement on the process for Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) cheese quota.  The Canada-EU CETA was originally to be provisionally implemented on July 1, 2017 and this start date was delayed due to a disagreement over… 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

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