On March 31, 2020, Canada’s Federal Court of Appeal (“FCA”) released its decision in Angang Steel Company Limited v. Attorney General (Canada) et al., 2020 FCA 67 in which it dismissed a judicial review of the Canada Border Services Agency’s (“CBSA”) final calculation of a dumping margin for Angang in the dumping investigation against corrosion-resistant
Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified
On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian
Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases
On August 29, 2017, Canada’s Federal Court of Appeal (the second highest court in Canada) issued two decisions dismissing two judicial reviews (one filed by a Korean exporter and the other filed by a Canadian producer) of Canada Border Services Agency (“CBSA”) antidumping calculations on grounds of a lack of jurisdiction. These cases and the
Three Notices of Application For Judicial Review Filed Against CITT FISC Decision
On May 25, 2017, the Canadian International Trade Tribunal (“CITT”) made an AD Order in respect of fabricated industrial steel components (“FISC”) originating in or exported from China, South Korea and Spain and made a CVD Order in respect of FISC originating in or exported from China. On June 9, 2017, the CITT issued its
Canada’s Minister of Foreign Affairs Has Broad Export Controls Discretion Says Federal Court
On January 24, 2017, the Federal Court of Canada issued its judicial review decision in Daniel Turp v. The Minister of Foreign Affairs, T-462-16. The Federal Court dismissed an application for judicial review of the decision of the Minister of Foreign Affairs to approve an export permit in respect of the export of General
Do Not Enter! Canada Is Rejecting Potential Immigrants Who Have Broken Foreign Export Controls Laws
On August 30, 2016, the Federal Court of Canada issued its judicial review decision in Mahmood Sajid v. The Minister of Citizenship and Immigration, 2016 FC 981. The Federal Court dismissed a judicial review application filed by Mr. Sajid to review a decision by Canada’s Refugee Protection Division (RPD) to vacate Mr. Sajid’s refugee
Canada’s Economic Sanctions And Admissibility Into Canada: Employees Of Designated Companies May Not Get Into Canada
U.S.A.
An employee of a designated entity under Canada’s economic sanctions laws may be determined to be inadmissible into Canada and denied entry due to concerns that their employer is subject to sanctions. In addition, an employee of an entity that is covered by economic sanctions of another country or countries (e.g., the United States,
IREP Disputes Must Be Handled With Care
From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs
IREP Disputes Must Be Handled With Care
From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs