With few exceptions, importers of food into Canada require an import license issued under the Safe Foods for Canadians Regulations. The Canada Food Inspection Agency has recently issued the following reminder that failure to secure and appropriately enter your valid Safe Food for Canadians food import license could result in your food imports being stopped
On June 7, 2019, Canada’s Federal Court of Appeal (FCA) confirmed in Chen v. Minister of Public Safety and Emergency Preparedness, 2019 FCA 170, that the Canada Border Services Agency (“CBSA”) cannot seize goods that were imported more than 6 years ago (even if the duties were not paid). In Chen, the
On March 20, 2019, the Canadian International Trade Tribunal (“CITT”) released its reasons for allowing the “Instant Noodles” tariff classification appeal. In Anderson Watts Inc. v. The President of the Canada Border Services Agency, AP-2018-003, the CITT held that various Instant Noodles were pasta (tariff item No. 1902.30.20 (within access commitment) or under tariff
Originally published in the Journal of Commerce in April 2019
Falling very much into the – you win some and you maybe lose some – a couple of noteworthy decisions have been published which may have long-term implications for the current Administration’s trade policies.
The first was in the decision in American Institute for International
If the Canada Border Services Agency (“CBSA”) confiscates or cancels your NEXUS Card due to an enforcement action (e.g. the CBSA seizes goods because you failed to declare the goods or the value provided to the CBSA was incorrect), your NEXUS Card will be cancelled for 6 years. Normally, you lose your trusted traveler
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”),
We have been contacted by clients who have returned to Canada (usually from France) and they have brought a commercially sealed jar or two of “fois gras de canard” or “fois gras de canard entier”. Unfortunately for these clients, they have been sent to the Secondary Inspection Area and the Canada Border Services Agency (“CBSA”)
If you have received a detailed adjustment statement from the Canada Border Services Agency (“CBSA”), filed a B2 Adjustment Request and have received an unfavourable decision from the CBSA, you may appeal the CBSA’s decision to the Canadian International Trade Tribunal (“CITT”). Customs appeals to the CITT may relate to a reassessment of customs duty
On November 10, 2017, the TransPacific Partnership Agreement (-1) was renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). Canada made an announcement about the CPTPP and the new name was used. Canada’s announcement was made prior to the release of the Joint Statement.
The CPTPP parties are Australia, Brunei Darussalam, Canada,
Originally published by the Journal of Commerce in August 2017.
We are now a few months (almost 7) into Mr. Trump’s Presidency and it is still not clear – what is the Administration’s trade policy? The general press is rife with stories about the warring factions within the Administration – those who xenophobically want to