On April 16, 2020, the Government of Canada issued Notice to Exporters Serial 992 “Notice to Exporters – Export of items listed on the Export Control List to Turkey” in which Canada announced that it will presumptively deny any new
Canada-U.S. Blog
Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross
The Canada-U.S. Blog, published by LexSage, focuses on legal issues at the intersection of Canadian and U.S. trade and customs law. It covers topics such as international trade agreements including CUSMA/USMCA and NAFTA, customs regulations, import and export controls, anti-dumping and countervailing duties, and border security matters like NEXUS program policies. The blog also addresses sales tax law, government procurement challenges, economic sanctions, and trade dispute resolution. It provides updates and analysis relevant to businesses engaged in cross-border trade, including regulatory compliance, tariff changes, and enforcement actions by border agencies.
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No Judicial Review Available if CBSA Calculates Dumping Margin Incorrectly
On March 31, 2020, Canada’s Federal Court of Appeal (“FCA”) released its decision in Angang Steel Company Limited v. Attorney General (Canada) et al., 2020 FCA 67 in which it dismissed a judicial review of the Canada Border Services Agency’s…
Can I export humanitarian goods from Canada to a Sanctioned Country?
During the COVID-19 global pandemic, an important humanitarian issue has arisen for individuals (friends and family), companies, and non-governmental organizations. Many Canadians and residents in Canada have asked whether they can export humanitarian goods (including personal protective equipment (“PPE”)) to…
MSK’s COVID-19 Client Communication, Vol. 10
By Su Ross
Please see the following as published by my law firm, MSK, on April 17, 2020:
Our COVID-19 response team is committed to providing you with the latest updates on COVID-19’s effect on various policies and laws.
Below please find…
Where Do We Stand?
By Su Ross
Originally published by the Journal of Commerce in April 2020
We are clearly in unchartered territory at the moment, and most people have the same question – when will things get back to normal? Right now, the truth is no…
The CBSA publishes statement that officers must stop searching solicitor-client material
The Canada Border Services Agency (“CBSA”) has published a written statement on its website that when the CBSA conducts an examination of electronic devices (e.g., laptops, smart phones, USB keys, etc.) at the Canadian border, CBSA officers must not search…
Certification of Origin Requirements under CUSMA will be different than under NAFTA
On April 3, 2020, the Canada Border Services Agency (“CBSA”) published Customs Notice 20-14 “Implementation of the Canada-United States-Mexico Agreement (CUSMA)” in which the CBSA discusses the new Certification of Origin requirements under CUSMA and the new tariff codes. When…
When CUSMA enters into effect, NAFTA advance rulings are no longer valid
On April 3, 2020, the Canada Border Services Agency (“CBSA”) published Customs Notice 20-14 “Implementation of the Canada-United States-Mexico Agreement (CUSMA)” in which the CBSA makes it clear that NAFTA origin advance rulings will no longer be valid when CUSMA…
Canada imposes GST/HST on PPE and this should be changed
We do not usually post blog posts asking the Government of Canada to change the law. However, we are doing just that today. Personal Protective Equipment (known as “PPE”) is taxable in Canada. Face masks, surgical masks, plastic face shields,…
Canada’s NEXUS Processing Centres are closed during COVID-19 crisis
The Government of Canada has determined that the trusted traveler programs are not essential and have closed NEXUS Processing Centres for an undetermined period of time. This means that if a Canada Border Services Agency (“CBSA”) officer mistakenly confiscates a…