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

Tag Archives: NAFTA

Canada’s Process to Ratify USMCA

Posted in Canada's Federal Government, NAFTA, NAFTA Renegotiations, Provincial Governments, Trade Agreeements, U.S. Federal Government, USMCA

On September, 2018, the United States, Canada, and Mexico announced that a new NAFTA was agreed and would be called the United States-Mexico-Canada Agreement (“USMCA”) (also known as NAFTA 2.0).  The text of the USMCA was posted on the United States Trade Representative website. LexSage has published an USMCA Resource Guide with USMCA Chapters, NAFTA… Continue Reading

Which Way Is Up?

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

This client alert was originally published on May 30, 2018, and now there is an update. Today, May 31st, President Trump announced a resolution with Argentina, Brazil and Australia regarding the 232 tariffs on steel (25%) and/or aluminum (10%), but as there is no similar agreement with Canada, Mexico or the EU, the tariffs on… Continue Reading

Schrödinger’s Cat: Can Goods Be Subject to Customs Duties and Not Subject Customs Duties At the Same Time?: Look in the Box before Shipping

Posted in Customs Law, NAFTA, origin

Anyone who watches “The Big Bang Theory” knows about Schrödinger’s cat.  The cat was both thought to be dead and thought to be not dead at the same time.  There is a similar paradox for Canadian companies who sell to the United States and/or China.  Canadian goods may be thought to be not subject to… 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

Happy Birthday NAFTA!

Posted in NAFTA

The North American Free Trade Agreement (“NAFTA”) entered into force on January 1, 1994.  NAFTA is 24 years old. Will NAFTA make it to its 25th birthday?  President Trump is threatening to trigger Article 2205 of NAFTA, which provides that: “A Party may withdraw from this Agreement six months after it provides written notice of… Continue Reading

Do You Have Your Certificates of Origin for 2018?

Posted in Canada-EU CETA, Canada-Ukraine FTA, Cross-border trade, Customs Law, NAFTA, origin

It is that time of year again – time to obtain or prepare new Certificates of Origin. A Certificate of Origin may apply to either a single importation of goods or to multiple importations of identical goods exported to a free trade partner within a 12-month period, (called a “blanket certificate”).  Blanket Certificates of Origin… Continue Reading

Global Affairs Canada Consulting Canadians on TPP-1

Posted in Canada's Federal Government, NAFTA Renegotiations, TPP-1, Trade Agreeements

On September 30, 2017, Global Affairs Canada commenced a consultation process with Canadians about on entering into a TransPacific Partnership Agreement with the remaining 11 counties (“TPP-1”).  An announcement was published in the Canada Gazette, Part 1, Volume 151, No. 39 (September 30, 2017) concerning the consultations.  On page 3759, Global Affairs published a notice… 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

Expect Softwood Lumber Breakthrough During NAFTA Modernization Round 3

Posted in Antidumping, Canada's Federal Government, NAFTA, NAFTA Renegotiations, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government

Let’s set out the target date of importance: Round 3 of the NAFTA Modernization/Renegotiation meetings will take place in Ottawa, Canada between September 23-27, 2017. Round 1 took place in Washington D.C. between August 16-20, 2017 and Round 2 will take place in Mexico City between September 1-5 in Mexico City, Mexico. Under U.S. law, the… Continue Reading

U.S. Demand For Local Content Rules of Origin for Autos May Be Contrary to GATT 1994 Article XXIV

Posted in NAFTA Renegotiations, World Trade Organization

Article XXIV of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) (and the Understanding on the Interpretation of GATT Article XXIV of the General Agreement on Tariffs and Trade 1994) may prevent some of the U.S. demands made at the start of the NAFTA modernization/renegotiation talks this week.  Article XXIV of GATT 1994… Continue Reading

Canada Releases List of NAFTA Modernization “Core Objectives”

Posted in NAFTA Chapter 11, NAFTA Renegotiations

On August 14, 2017, Canada’s Foreign Affairs Minister, Chrystia Freeland delivered Canada’s list of NAFTA Modernization (note, not “renegotiation”) “core objectives”.  Minister Freeland stresses that Canada’s mission is a modern and progressive free trade agreement.  She stressed that “Trade is about people” and jobs in Canada and Canada’s NAFTA partners.  Canada’s approach will be to… 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

Does The Canadian International Trade Tribunal Review Intra-Canada Government Procurement Disputes Under The Canadian Free Trade Agreement?

Posted in Government Procurement, Uncategorized

It looks like the Canadian International Trade Tribunal (“CITT”) has not yet been selected by the Federal Government of Canada or any province or territory as the reviewing authority under Chapter Five of the Canadian Free Trade Agreement (Canada’s new and improved internal trade agreement).  The Canadian Free Trade Agreement quietly entered into effect on… Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. Continue Reading

Make Your Own Opportunities: Canada’s NAFTA Renegotiation Consultations

Posted in NAFTA Renegotiations

On June 3, 21017, the Government of Canada posted on the Global Affairs website a Notice inviting Canadian businesses to engage in “online consultations” relating to the renegotiation of the North American Free Trade Agreement (“NAFTA”).  Canadian businesses should look at this as an opportunity to ask for market access (goods, services, financial services, investment, government… Continue Reading

The NAFTA Countdown Has Begun

Posted in NAFTA Renegotiations

On May 18, 2017, the newly confirmed United States Trade Representative (Ambassador Lighthizer) formally notified the United States Congress that President Trump intends to initiate negotiations with Canada and Mexico to modernize the North American Free Trade Agreement (“NAFTA”). The May 18, 2017 letter sets into motion a 90-day countdown for the first formal round… Continue Reading

In the Eye of the Beholder

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

First published by the Journal of Commerce – April 2017 The first tangible indications of what trade policy might actually look like under the Trump Administration have been released. After excoriating NAFTA as the “worst trade deal ever” and quickly withdrawing the U.S. from the TransPacific Partnership, which was already dead, we are now starting… Continue Reading

What Will Trudeau Talk To Trump About?

Posted in Agriculture, Border Security, Buy America, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Energy, Export Controls & Economic Sanctions, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Labour, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, U.S. Federal Government

On February 13, 2017, Prime Minister Trudeau will travel to the United States to visit with President Trump. The most important topic for discussion is that Canada-United States relationship. The most important goal is to ensure that trading relationshiop remains strong. This is a fun post, which is based on trade issues between Canada and the… Continue Reading

Trump and Trade

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

Originally published by the Journal of Commerce in February 2017 In the first two weeks of the new Trump Administration, all international traders want to talk about, and with good reason, is where does the new President really stand on trade? On the one hand, he has taken advantage of trading opportunities to generate profits… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

NAFTA Rules of Origin Renegotiation – Make Trump An Offer He Cannot Refuse

Posted in Cross-border trade, Customs Law, NAFTA, NAFTA Chapter 11, origin, Trade Agreeements, Uncategorized

The Trump Administration has signaled that one of first areas of interest for North American Free Trade Agreement (“NAFTA”) renegotiation is the rules of origin.  Rules of origin are boring, technical rules in Annex 401, which are permit goods to receive preferential duty-free treatment.  Only goods that originate in a NAFTA country are entitled to… Continue Reading

NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

Making NAFTA Relevant Again! A Look At Certificates of Origin.

Posted in Cross-border trade, Customs Law, NAFTA, origin, tariff classification, valuation

Donald Trump and Hillary Clinton talked about the North American Free Trade Agreement (“NAFTA”) during the U.S. Presidential Debate on September 26th.  Donald Trump and Hillary Clinton spoke about NAFTA during the primaries and on the campaign trail.  NAFTA is relevant again!  This is good for customs lawyers and trade lawyers.  With all this talk… Continue Reading