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

Category Archives: U.S. Federal Government

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Canada Announced New Marking Rules for Steel and Aluminum

Posted in Antidumping, Border Security, Canada's Federal Government, Customs Law, origin, Trade Remedies, U.S. Federal Government

On May 30, 2018, Canada’s Minister of Finance announced new marking rules for steel and aluminum products.  In a News Release entitled “Canada Bolsters Prevention of Transshipment and Diversion of Steel and Aluminum Products Through Country of Origin Marking Regime“, the Department of Finance announced that Canada was aligning its marking rules with the United… Continue Reading

The United States Imposed 25% Steel Tariffs and 10% Aluminum Tariffs on Canada and Canada Responds

Posted in Antidumping, Border Security, Canada's Federal Government, Exports, NAFTA, NAFTA Renegotiations, Trade Remedies, U.S. Federal Government

On May 31, 2108, President Trump issued two Presidential Proclamations, which impose steel and aluminum tariffs on Canada. All exports of covered steel will be subject to a 25% import tariff (Canadian steel into the United States) and all exports of covered aluminum products will be subject to a 10% tariff (Canadian aluminum into the… Continue Reading

Trump’s withdrawal from the Iran JCPOA Deal: What does this mean for Canadian companies and trusts?

Posted in Aerospace & Defence, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On May 8, 2018, U.S. President Donald Trump announced that the U.S. will withdraw from the Joint Comprehensive Plan of Action (“JCPOA”) with Iran. Canada was not a party to the JCPOA.  So, the U.S. being in or out of the JCPOA does not affect Canada directly. That being said, President Trump’s decision has consequences… Continue Reading

BEWARE OF THE WHISTLEBLOWER!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border litigation, Cross-border trade, Customs Law, Excise Duty, Excise Tax, Government Procurement, Legal Developments, Trade Agreeements, Trade Remedies, U.S. Federal Government, Uncategorized

Originally published by the Journal of Commerce in February 2018 Customs and Border Protection (“CBP”) and other federal enforcement agencies seizing goods or imposing penalties is not unexpected. However, there are other consequences triggered by the actions of private actors which present equal danger to importers. In particular,  there is the False Claims Act (“FCA”),… Continue Reading

Canadian Customs Duties and the Trump Tax Changes – What Do They Have In Common?

Posted in Customs Law, origin, U.S. Federal Government, valuation

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “Trump Tax Act”).  The Trump Tax Act materially changes U.S. corporate tax laws and incentivizes U.S. companies with overseas operations to either return home to the United States and/or repatriate money home to the United States. As companies are attempting to… Continue Reading

How will the U.S. Government shutdown affect Canadians?

Posted in Agriculture, Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NAFTA, NEXUS, U.S. Federal Government

The U.S. federal government was shut down at midnight this morning after a funding bill did not get 60 votes in the United States Senate. While the politicians work to find a solution before Monday, Canadians are reminded that the last U.S. federal government shut down lasted 16 days and a previous shutdown lasted 27… 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

A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures

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

On December 20, 2017, Canada filed a Request for Consultations with the World Trade Organization (“WTO”) setting out various concerns with the application of U.S. trade remedies that Canada considers to be inconsistent with WTO rules.   On January 10, 2018, the Chairman of the Dispute Settlement Body circulated a communication of Canada’s 32 page Request… Continue Reading

Trump’s New Travel Restrictions May Affect Canadian NEXUS Cardholders From Travel Ban Countries

Posted in Immigration law, NEXUS, U.S. Federal Government

On September 24, 2017, President Trump issued “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the Presidential Proclamation”) which should make Canadian dual-nationals and Canadian permanent residents from Venezuela, Chad (and North Korea, if any) with NEXUS cards nervous. Venezuela, Chad and North Korea are… Continue Reading

Canadian Companies Should Be Aware Of President Trump’s Executive Order Imposing Sanctions on North Korea AND Those Who Do Business With North Korea

Posted in Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On September 21, 2017, President Trump signed “Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea“.  This Presidential Executive Order blocks U.S. assets of persons to be identified by the Secretary of State.  The perameters that the Secretary of State may consider in listing any person determined: (i) to operate in the… 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

Could U.S. Sanctions Against China Affect Canadian Companies?

Posted in Export Controls & Economic Sanctions, U.S. Federal Government

There are news reports that President Trump is considering imposing economic sanctions against China.  U.S. Ambassador to the United Nations Nikki Haley made comments that suggest that sanctions are on the horizon (not quite imminent, but no longer unrealistic). If the United States imposes economic sanctions against China in response to the perceived/real lack of action… Continue Reading

U.S. Enhanced Screening At Canadian Airports Means Canadian NEXUS Card Holders Should Pack Smartly

Posted in Border Security, U.S. Federal Government

The U.S. Department of Homeland Security (“DHS”) has announced enhanced screening procedures at Canadian airports (in the pre-clearance areas). DHS said that “in light of evaluated intelligence,” it was deemed necessary to implement enhanced security measures for all commercial flights to the United States.  NEXUS Card holders get to use special automated kiosks and often… 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

Should Canada Be Concerned About The Pending U.S. Section 232 Steel Report And Punishing Tariffs?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Trade Remedies, U.S. Federal Government

Yes, Canada should be very concerned about the Section 232 Report on steel, which is due to be issued this week (but may be released next week after July 4, 2017).  By way of background, on April 19, 2017, the U.S. Department of Commerce initiated a section 232 of the Trade Expansion Act of 1962… Continue Reading

Trump Travel Restrictions: What Canadians And Canadian Residents And NEXUS Card Holders Need To Know

Posted in Canada's Federal Government, Immigration law, Law Schools, NEXUS, Politics, U.S. Federal Government

On June 26, 2017, the United States Supreme Court unanimously overturned lower court decisions that delayed the implementation of President Trump’s Executive Order implementing travel restrictions against persons from 6 countries (Iran, Libya, Somalia, Sudan, Syria, Yemen). A limited version of President Donald Trump’s travel restrictions will go into effect Thursday morning (June 29).  The… Continue Reading

Damned If You Do/Damned If You Don’t: Foreign Extraterritorial Measures Act and Trump’s Cuba Policy

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Politics, U.S. Federal Government

On June 16, 2017, President Trump gave a speech in Miami and announced he was reversing some of President Obama’s Policy on Cuba. Just as Canadian businesses were getting used to the Obama Policy on Cuba, there has been a partial snap-back.  Not only has there been a partial snap-back, there is a stronger enforcement… Continue Reading

Canada’s Privacy Commissioner Raises Concerns About USCBP Searches Of Electronic Devices

Posted in Border Security, Canada's Federal Government, Cross-border trade, U.S. Federal Government

On June 8, 2017, Canada’s Privacy Commissioner sent a letter to the Parliamentary Committee reviewing Bill C-23 “Preclearance Act, 2016” to ask for amendments to cover searches of electronic devices by US Customs and Border Protection in Canada’s Pre-Clearance Areas.  Bill C-23 has passed second reading in Canada’s House of Commons and is currently being… 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

What Should Justin Trudeau Say To Donald Trump?

Posted in Border Security, Buy America, Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, U.S. Federal Government

On February 12, 2017, Justin Trudeau is traveling to Washington, D.C. to meet Donald Trump at the White House.  What will they talk about?  Hmmm – softwood lumber? Border adjustment tax? NAFTA renegotiation? Common interests? Jobs on both sides of the border? NEXUS Card revocations of Canadians and permanent residents of Canada? Supply management? Harmonization… Continue Reading

What Canadian Lawyers Should Know About Solicitor-Client Privilege At The Canada-US Border

Posted in Border Security, Corporate Counsel, Customs Law, U.S. Federal Government

There are reports that President Trump is considering an Executive Order to require the Department of Homeland Security, and in particular U.S. Customs and Border Protection (USCBP), to ask foreign visitors to provide information about their social media profiles and access to their computer contact lists.  This would include Canadian lawyers. The access to contact… Continue Reading

U.S. Cancelling NEXUS Cards Of Canadian Dual-Nationals

Posted in Border Security, NEXUS, U.S. Federal Government

We have heard a number of reports that the United States Department of Homeland Security is notifying Canadian NEXUS Card holders with dual nationality from certain countries (Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen) that their NEXUS Membership has been cancelled because they “no longer meet eligibility criteria”.  There may be other nationalities as… 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

Where Can Canadians Find President Trump’s Executive Orders And U.S. Legislation?

Posted in U.S. Federal Government, U.S. Supreme Court, Uncategorized

Canadians want read President Trump’s Executive Orders and Executive Memoranda in order to know the contents. We cannot know how the Executive Orders may affect Canadians without reading what has been written. Canadians also want to know the contents of President Trump’s Proclamations and Statements of Administration Policy.  All of these documents are available at www.whitehouse.gov…. Continue Reading