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

Tag Archives: steel

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

Ontario Adopts “Don’t Buy New York Steel” Provisions

Posted in Buy America, Government Procurement

On March 28, 2018, the Wynne Government of Ontario promulgated a regulation, “Suppliers from New York“, O.Reg 117/18, to prevent the Ontario Government from buying steel from the State of New York.  The Suppliers from New York Regulation was made pursuant to the Fairness in Procurement Act, 2018, that was passed on March 8, 2018. … 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

Steel/Aluminum Safeguard Tariffs HTS Update Published

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

The ABI programming for the new Harmonized Tariff System (HTS) classifications implementing the steel and aluminum safeguard tariffs was released earlier today by CBP. The HTS numbers added are: 9903.80.01        STEEL PROD, NOTE 19, EX CA/M        25% 9903.85.01        ALUMINUM PROD, NOTE 19, EX CA/M    10% with respect to goods entered, or withdrawn from warehouse for… 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

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

What Might Be The First Trade Issues Under The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border litigation, Cross-border trade, Government Procurement, Imports Restrictions, Trade Agreeements, World Trade Organization

The Canada-EU Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) will come into provisional effect on September 21, 2017.  Sometimes, disputes that have arisen prior to the implementation of a free trade agreement, which are left unresolved at the time of implementation, turn into full disputes between the parties. What could those disputes be? The… Continue Reading

Parliamentary Committee Makes 8 Recommendations Regarding Canada’s Steel Industry

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On June 15, 2017, the Standing Committee on International Trade released Report No. 7 “The Canadian Steel Industry’s Ability to Compete Internationally”.  This Report is helpful to Canadian steel producers and not very helpful to steel importers.  China will not be pleased to read that the Committee recommends non-market economy status remain in place in… Continue Reading

Canada, the United States and Mexico Issue Statement on Global Steel Subsidization / Dumping

Posted in Antidumping, Canada's Federal Government, Trade Remedies

On June 29, 2016, Prime Minister Justin Trudeau, U.S. President Obama and Mexican President Enrique Peña Nieto issued a Statement entitled “Economic Prosperity – Trade and Competitiveness.” Hidden at the end of the Statement is the following announcement on trade remedy enforcement: Coordination in Trade Remedy Enforcement / Addressing Global Excess Capacity Canada, the United… Continue Reading