Canada-U.S. Blog

Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

The Canadian International Trade Tribunal (“CITT”) has changed their website and have added a page listing all the target dates for expiry reviews (5 year sunset reviews) of existing antidumping and countervailing duty orders. This is helpful to importers and foreign producers because Canada made changes to the Special Import Measures Act a few years ago.  It used to be easy to determine when the CITT Decision in an expiry review case would be issued…
On August 15, 2019, the Canada-United States Preclearance Agreement (officially known as the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America) entered into effect. The Canada-United States Preclearance Agreement was signed on March 16, 2015. Global Affairs Canada announced “New Canada-U.S. Preclearance Agreement comes into force, opening the door to enhanced travel and trade“.  The Canada-United States…
Direct sellers (also known as network sellers) enter the lucrative Canadian market, often without asking questions about whether there are any Canadian laws they should know about. Canadians sign up as independent sales contractors and start to build their sales networks before all questions are asked and answers are received about compliance with Canadian laws.  As a result, many direct sellers have not set up their computerized systems to comply with Canadian laws.  Often business…
On August 15, 2019, USTR issued a pre-publication version of the Federal Register in which the formal announcement regarding China 301 Tariffs List 4A/B will be made. In that notice, USTR clarified the September 1, 2019 effective date refers to the date of entry or withdrawal for consumption for the goods on List 4A/Annex A. Similarly, for List 4B/Annex C, the December 15, 2019 effective date is also based on the date of entry or…
Originally published by the Journal of Commerce in August 2019 Much has been said recently in the general press about the latest round of tariffs and what did or did not prompt President Trump to decide that August 1st was the right time to impose an additional 10% on the goods from China on the final version of List 4A/B.  Regardless of the reason (s), this additional tariff will take effect on September 1, and…
While the Federal Register notice containing all the relevant details has yet to be published, today, the U.S. Trade Representative published an announcement confirming that certain unidentified products were removed from List 4 for health, safety, national security and similar reasons, and those remaining would be rolled out on two different lists with two different effective dates. List 4A will be effective September 1, 2019 and can be found here. List 4B can be…
As has been repeatedly mentioned in the general press, President Trump tweeted on August 1st that the U.S. “will start, on September 1st, putting a small additional Tariff of 10% on the remaining 300 Billion Dollars of goods and products coming from China into our Country.” There are lots of questions about what that short message actually means, and right now, no answers. So far, there is no official notice from the U.S. Trade Representative…
Originally published by the Journal of Commerce in July 2019 Much to the surprise of many American companies, my cost is going to go through the roof with a 25% tariff and price my products out of the market is not enough of a justification for an exclusion request to be granted. It was not sufficient for the goods on the China 301 Lists 1 or 2, and the same is true for List 3…
Canada has implemented economic sanctions to suppress international terrorism under three complimentary legal mechanisms: 1. The United Nations Al-Qaida and Taliban Regulations, imposed pursuant to the United Nations Act; 2. The Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, also imposed pursuant to the United Nations Act; and 3. Part II.1 of the Criminal Code. We are going to discuss the third mechanism today because less is known about…
On August 9, 2019, Canada’s Department of Finance announced that “Canada Welcomes Anticipated Construction of One of the World’s Cleanest LNG Facilities” and hidden in the announcement is an unusual exception to the Canadian International Trade Tribunal’s (“CITT”) antidumping order on Fabricated Industrial Steel Components (“FISC”).  On May 25, 2017, the CITT issued an antidumping order on FISC exported from or originating in China.  On June 9, 2017, the CITT issued its reasons