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

Category Archives: Trade Agreeements

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CA IoT Law: Devices at Risk?

Posted in Cybersecurity and Privacy, Intellectual Property, Trade Agreeements

In the last week, both the Dept. of Homeland Security and the Food and Drug Administration have issued a consumer alert about the potential hacking risk regarding cardiac devices, specifically because those devices have no encryption on their software. The devices in question are implantable cardiac devices, clinic programmers and home monitors which are used… Continue Reading

Why Are My Goods Being Inspected?

Posted in Aerospace & Defence, Agriculture, Antidumping, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, tariffs, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in February 2019 Of all the questions asked of trade attorneys, this is likely the most frequent one.  The answer is both a study in current events, but also much more complex.  Let’s start at the obvious beginning point. Customs and Border Protection (“CBP”) receives advance information about… Continue Reading

Happy New Year – Now Let’s Get Back to Business!

Posted in Aerospace & Defence, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cryptocurrencies, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Legal Developments, tariffs, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in January 2019 One of the topics that consistently makes the top 5 in just about every survey of issues of concern to companies is the cost of regulatory compliance. This is true in large measure because the complexity of the issues covered by those regulations keeps increasing and… Continue Reading

U.S.-China Deal

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Government Procurement, Imports Restrictions, Intellectual Property, Legal Developments, Politics, tariffs, Trade Agreeements, Trade Remedies, World Trade Organization

Over the weekend, President Trump announced a deal with China. The result is the 10% tariff imposed on goods on List 3 of Chinese made goods will remain in place for an additional 90 days rather than increase to 25% on January 1, 2019. The challenge is there was no joint communique issued by the… Continue Reading

Maybe and Maybe Not – IOR Challenges

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, USMCA

Originally published by the Journal of Commerce in November 2018 One of the many frustrations facing international traders trying to import goods into the U.S. is whether or not they will be accepted as importer of record by Customs and Border Protection (“CBP”).   CBP established a program to deal with what it views as the… Continue Reading

Trading Goods: Ever More Complicated

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Legal Developments, Trade Agreeements, Trade Remedies, USMCA

Originally published by the Journal of Commerce in October 2018 While a lot of well-deserved attention is being paid to the steel, aluminum and China tariffs, and the new U.S.-Mexico-Canada Agreement, change is afoot in many other ways. For example, in July 2018, the Office of Foreign Assets Control (“OFAC”) issued an advisory about risks… Continue Reading

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

The USMCA Rules of Origin: Changes Affecting Auto Manufacturers and Auto Parts Makers

Posted in Buy America, Canada's Federal Government, Cross-border trade, NAFTA, NAFTA Renegotiations, origin, Politics, Trade Agreeements, Transportation, U.S. Federal Government

Late in the evening on September 30, 2018, the United States, Canada and Mexico announced the conclusion of negotiations of the United States – Mexico – Canada Agreement (”USMCA”) (also known as NAFTA 2.0). While the text of USMCA remains to be finalized, formally signed and ratified by each of the three countries, a preliminary… Continue Reading

KORUS – Who Gets the Benefits?

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Cross-border trade, Customs Law, Legal Developments, tariffs, Trade Agreeements, Trade Remedies

Published by the Journal of Commerce in September 2018. While we are all understandably caught up in the trade war with China and wait to see whether additional tariffs will be imposed on more Chinese-made goods, the Korea – U.S. Free Trade Agreement revisions have been made public by the U.S. Trade Representative. Those changes… Continue Reading

China 301 List 3 – 25% Duty ???

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Countermeasures, Customs Law, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, World Trade Organization

On August 1, 2018, USTR Lighthizer issued a press release indicating he was following through with President Trump’s direction and will consider raising the rate of duty from 10% to 25% on those products on China 301 List 3. A formal notice in the Federal Register is expected soon. Mr. Lighthizer also announced the written… Continue Reading

China 301 – List 3 Now A Reality

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

Late on July 10, 2018, U.S. Trade Representative Lighthizer released a list of the next Chinese-made products targeted for additional duties, this time at a 10% rate and worth about $200 billion.  The statement in support of this action can be found here: USTR Statement Supporting China 301 List 3; and the list of affected… Continue Reading

China 301 Tariffs Took Effect – What Happens Next?

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

The U.S. Trade Representative (“USTR”) issued a press release on July 6, 2018 in which the process companies can use to seek exclusion from the 25% tariff imposed on the same day on goods from China was announced. The timeline requires all original exclusion requests to be filed by October 9, 2018. Each will be… Continue Reading

To Tariff or Not to Tariff – That Is The Question!

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

In the current tit for tat environment that overhangs international trade, below is an update regarding the 232 tariffs on steel and aluminum, the 301 tariffs related to China’s intellectual property rights and other business practices, and the 232 tariffs threatened on automobiles and parts. Steel and Aluminum Tariffs: As everyone by now knows, effective… Continue Reading

25% Tariff Imposed in Chinese Goods

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

The U.S. Trade Representative (USTR) today issued two lists of products on which the U.S. seeks to impose tariffs on goods made in China at a 25% rate.  The lists together cover 1,102 tariff lines valued at approximately $50 billion.  According to the USTR’s release, the list of products settled on was intended to focus… Continue Reading

232 Auto Investigation Timeline Published

Posted in Anti-Trust/Competition Law, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies

The Federal Register notice advising the timeline which applies to the Administration’s 232 investigation regarding automobiles and parts was published on May 30, 2018.  The relevant time frame requires that written comments are due by June 22, 2018 and rebuttal comments by July 6, 2018.  A public hearing will be held on July 19 and… 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

The Bumpy Ride Continues!

Posted in Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Originally published by the Journal of Commerce in May 2018  as part of its 100 Top Importers and Exporters Edition Old movie buffs immediately recognize the inspiration for the title. There was a movie released in 1950 starring Bette Davis called All About Eve. Its most famous lines have bearing on current events impacting global… Continue Reading

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

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

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