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It is unclear whether the import prohibition set out in the Customs Tariff for Tariff Code Item 9897 prohibits goods made in China’s detention camps.  Tariff Item 9897 prohibits the importation of a number of goods, including “[g]oods manufactured or produced wholly or in part by prison labour”.  Unlike the United States, Canada’s import prohibition does not extend the import prohibition to “goods manufactured by forced labour”. Under Canadian law, any goods can be imported…
The Canada Border Services Agency (“CBSA”) has created a new dedicated Canada-United States-Mexico Agreement (“CUMSA”) web-page on which implementation information will be posted to assist importers and exporters. CUSMA / USMCA / NAFTA 2.0 is scheduled to enter into force on July 1, 2020 and there will be no transition period.  This means that importers and exporters must be aware of new developments and must update their compliance processes and systems quickly. The CBSA has…
On May 6, 2020, the Canada Border Services Agency (“CBSA”) published Customs Notice 20-19 to provide information for Certain Goods Remission Order (COVID-19), SOR-2020-101 (“Remission Order”) under the Customs Tariff.  In order to help the fight against COVID-19, the Remission Order allows for the relief of customs duty for eligible PPE and medical supply goods which were imported on or after May 5, 2020. What goods are entitled to duty relief? The CBSA has provided two lists…
With few exceptions, those importing food into Canada now or soon (July 15, 2020) will require an import license issued pursuant to the Safe Food for Canadians Regulations: The Safe Food for Canadians Regulations issued pursuant to the Safe Food for Canadians Act (“SFCA”) came into force on January 15, 2019. These regulations and the SFCA  prohibit any person from importing food into Canada unless that person holds an import license issued by the Canada…
When it was announced that Canada, the United States and Mexico had reached an agreement to amend the North American Free Trade Agreement (“NAFTA”), one of the important changes was an increase to the de minimis threshold, which is the monetary value of courier shipments that can enter Canada without payment of duties and taxes. On May 2, 2020, the Canada Border Services Agency (“CBSA”) posted Customs Notice 20-18 “Implementation of the Canada-United States-Mexico Agreement
In a recent ruling on February 24, 2020, the Canadian Federal Court determined in the decision of Tamba Thomas and Minister for Public Safety and Emergency Preparedness (MPSEP), 2020 FC 290 [Thomas v. MPSEP] that diamonds being imported into Canada must be imported in accordance with Canada’s Import and Export of Rough Diamonds Act, Import and Export of Rough Diamonds Regulations, and accordingly with Canada’s obligations as a participant of the Kimberly Process. The…
Many Canadian import businesses have implemented remote working arrangements for employees as a result of COVID-19 government directives.  Social distancing in business organizations can give rise to costly mistakes because business is not as usual.  Importers have to adjust to the new normal and identify new (and existing) business risks.  Most employees and managers are working from home, which means the control over information is diminished or, quite frankly, non-existent.  While there are hundreds of…
As of June 30, 2020, Canadian exporters will no longer be able to file paper copies of the  B13A Export Declaration Form or use the CAED system to report exports of commercial goods. Canada’s export reporting will be paperless. Exporters and customs service providers must be prepared and ready as of June 30, 2020 to report exports of commercial goods using one of two electronic methods: 1) Canadian Export Reporting System (CERS) – which is…
Most Canadian export controls and controlled goods compliance programs are built with the assumption that relevant employees who have access to controlled goods and technical data will be working in an on-site work environment and use work computers and in-house servers where information is securely stored with access and release restrictions and where work-related activities are carefully reviewed and watched.  The current COVID-19 situation where most employees are working remotely from home was not contemplated…
We now know the dated that the Canada-United States- Mexico Agreement (CUSMA) (or USMCA under US terminology) will enter into effect to replace the North America Free Trade Agreement (NAFTA): July 1, 2020.  This does not mean that the governments are ready to enforce CUSMA – Canada, United States and Mexico must now negotiate and publish Uniform Regulations (that is, harmonized regulations relating to customs matters).  There will be new  regulatory changes that will be…