Canada-U.S. Blog

Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

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 parties. As a result, the actual parameters of the deal are open to doubt. China supposedly agreed to buy large…
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 irregularities frequently associated with shipments originating in China (among other countries) – the New Importer Task Force.  This effort is…
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 to the supply chain through links to North Korea. In October 2018, OFAC issued a reminder through the Financial Crimes…
On October 11, 2018, Canada’s Department of Finance announced that effective October 25, 2018, Canada will be imposing emergency tariff rate quotas on 7 categories of steel products.  The Department of Finance has prepared a report and there will be an Order in Council under section 55 of the Customs Tariff to implement the emergency steel safeguard tariff rate quotas before the Canadian International Trade Tribunal determines if the protection is warranted. The Report indicates…
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 Chapters and TPP (not CPTPP) Chapters and comparison tables. The USMCA is not yet law in any of the United…
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 text of the new requirements has been published on the USTR website. LexSage has published an USMCA Resource Guide
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 include: extending the duty reduction on truck which now go to zero duty in 2041; Korea doubles to 50,000 the…
USTR Lighthizer yesterday published notice that the 25% tariff on goods appearing on List 2 will become effective on August 23, 2018. For those who wonder if filing comments makes a difference, the answer is yes! In his announcement, USTR Lighthizer made the point the list dropped from 284 to 279 tariff items based on testimony and comments which had been received.  None of this, of course, helps those companies which are taking a serious…
In the August 7, 2018 Federal Register, U.S. Trade Representative Lighthizer published the latest official timeline for those planning to participate in the China 301 List 3 proceedings. The relevant dates are: August 13, 2018 – due date for filing requests to be a witness and a summary of expected testimony; August 20-23, 2018 – public hearing dates; September 6, 2018 – due date of submission of comments and post-hearing rebuttal comments – this deadline was…