GHY Tradelines

(Mike Moffatt – Macleans)

In a sharply worded press release, a group known as the 9948 Fair Treatment Coalition states that documents it obtained through Access to Information “raise disturbing questions” about the Canada Border Services Agency (CBSA) and the Department of Finance’s conduct in the so-called iPod tax dispute. The 9948 group includes a number of manufacturers and retailers of MP3 players, television monitors and computer speakers, including the Canadian arms of Sony, Toshiba, Panasonic, Costco and WalMart.

The Coalition alleges that “the Canada Border Services Agency (CBSA) has misled dozens of Canadian companies for years by inducing them to import MP3 players and other goods into Canada duty-free, all the while planning to later collect millions of dollars in back-duties on the goods, with interest in penalties.” The release goes on to quote members of the 9948 group, including, Ken Buschlen, VP of Finance for Panasonic Canada Inc. who explains that “[the] CBSA issued us authorization to import products duty-free, but now it appears that CBSA intended to claw back the duties later. That is plainly unfair.”

The CBSA is also criticized for demanding importers provide end-use certificates from consumers—to verify the actual use of the product—even though there is no provision or mechanism to make this enforceable. Read more here.

Related:

TV Importers Accuse Ottawa of Misleading Tariff Rulings (Globe & Mail)

Canadian Importers and Retailers Victims of $16-million Tax Grab (Canadian Importers 9948 Fair Treatment Coalition)
 

(CBSA)

Dumping case number: AD/1401
Dumping file number: 4214-40
Subsidy case number: CV/137
Subsidy file number: 4218-38

The Canada Border Services Agency (CBSA) initiated investigations on May 22, 2013, under the Special Import Measures Act, respecting the alleged injurious dumping of certain copper tube originating in or exported from the Federative Republic of Brazil, the Hellenic Republic (Greece), the People’s Republic of China, the Republic of Korea and the United Mexican States and the alleged injurious subsidizing of certain copper tube originating in or exported from the People’s Republic of China. The investigations follow a complaint filed by Great Lakes Copper Inc. of London, Ontario.

The goods in question are usually classified under the following Harmonized System classification numbers:
 

Additional information about these investigations will be available in a Statement of Reasons that will be available within 15 days on the CBSA’s Web site at: www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Contact:
Nalong Manivong 613-960-6096
Mary Donais 613-952-9025
Ron McTiernan 613-954-7271
 

(CBSA)

The Canada Border Services Agency (CBSA) announced that the Automated Border Clearance (ABC) program is now available at Terminal 1 of the Toronto Pearson International Airport. While this innovative technology is new to Terminal 1, it has already proven to be enormously successful at Terminal 3 where qualifying arriving passengers have been able to choose an ABC kiosk to streamline a portion of their border clearance process. Read more here.
 

(CBSA)

The Canada Border Services Agency (CBSA) is planning to modernize the in-bond movement of imported goods and the storage requirements of these goods at sufferance warehouse facilities. The Cargo Control and Sufferance Warehouse Modernization (CCSWM) initiative will simplify existing rules and regulations, thereby resulting in reduced costs for industry and the government without compromising the safety, security and economy of Canada.

The modernized process will result in the electronic tracking of in-bond cargo, thereby permitting bonded carriers to deliver these shipments directly to their own facilities or the premises of a third party. The CBSA will conduct, as required, inland examinations at designated integrated examination facilities instead of at each sufferance warehouse facility.

The CBSA is committed to consulting with stakeholders on the following key changes:

• Revising the warehouse licensing process;
• Reducing the number and types of warehouse designations;
• Removing certain restrictions, including various storage time limits, class of goods requirements, access to facilities, allowable cargo activities, etc.;
• Permitting operators to co-store domestic and in-bond goods in the same area of the warehouse; and
• Establishing integrated examination facilities for the purpose of inland CBSA examinations.

The CBSA will continue to provide active oversight through the registration of warehouse operators to ensure that non-duty paid goods are accounted for and to ensure the health and safety of Canadians. In this regard, all imported shipments will continue to be assessed by the CBSA at the First Point of Arrival for reasons of health, safety and security.

Implementation of the CCSWM initiative will be phased-in and is expected to take up to 24 months to be completed. Legislative and regulatory changes are required and changes will be made to the relevant policy D-memoranda, with any associated training provided to CBSA employees and stakeholders.

More details will be forthcoming throughout the implementation of this initiative. If you have any questions or comments regarding the initiative, please contact the CBSA CCSWM Unit at CCSWM-MCFEA@cbsa-asfc.gc.ca.
 

(CBSA)

Dumping case number: AD/1399
Dumping file number: 4214-38
Subsidy case number: CV/135
Subsidy file number: 4218-36

The Canada Border Services Agency (CBSA) has extended the investigations with respect to the alleged injurious dumping and subsidizing of unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies; excluding non-unitized building envelope systems such as stick systems and point-fixing systems, originating in or exported from the People’s Republic of China.

Pursuant to paragraph 39(1)(a) of the Special Import Measures Act, the President of the CBSA extended the 90-day period for making preliminary decisions, pertaining to all or part of the investigations, to 135 days, due to the complexity and novelty of the issues presented by the investigations.

Consequently, the decisions to issue the preliminary determinations or to terminate all or part of the investigations will be made on or before July 18, 2013.

Contact:
Dean Pollard 613-954-7410
Robert Wright 613-954-1643
 

(CBSA)

The Canada Border Services Agency (CBSA) and the United States Department of Homeland Security (DHS) released a joint report  on the findings of Phase I of the Entry/Exit Initiative. The report demonstrates progress in establishing a coordinated Entry/Exit information system that enhances border security. This report also demonstrates that Canada and the United States (U.S.) are continuing to deliver on key commitments under the Beyond the Border Action Plan.

As part of Phase I, the CBSA and DHS exchanged routine biographic entry information – collected between September 30, 2012, and January 15, 2013 – of third-country nationals (those who are neither citizens of Canada nor of the U.S.), permanent residents of Canada and lawful permanent residents of the United States at four land ports of entry in British Columbia/Washington State and in Ontario/New York. Phase I tested the concept of an Entry/Exit system for both countries through the exchange of information, such that a record of entry into one country becomes a record of exit from the other.

Both Canada and the U.S. found the following from biographic entry records exchanged from the four ports of entry selected for Phase I:
• entry and exit records were reconciled, thereby indicating whether a third-country national complied with the terms of his or her admission/entry;
• potential overstays were identified;
• potential unexecuted immigration warrants were identified; and
• opportunities exist to identify document anomalies or fraud.

Read more »

(CBSA)

Spring brings increased numbers of travellers crossing the border. The Canada Border Services Agency (CBSA) is committed to providing the best possible service, which includes reducing wait times by helping you know what to expect when you arrive at the Canadian border. Read more about required documentation, applicable personal exemption limits, etc. here.
 

(CBSA)

Dumping file #: 4214-36
Dumping case #: AD/1396
Ottawa, May 7, 2013

The Canada Border Services Agency (CBSA) has today concluded a re investigation to update the normal values and export prices of certain carbon steel welded pipe originating in or exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand, and the United Arab Emirates, pursuant to the Special Import Measures Act (SIMA).

Full details can be found here.
 

(Fibre2Fashion)

The Government of Canada is planning to extend the no-tariff provision for another 10 years to the Least Developed Countries (LDC) identified by the United Nations, which includes leading textile and garment manufacturing countries such as Bangladesh, Nepal, Cambodia and Myanmar.

A decade ago, Canadian Government dropped the then existing duty on textiles and clothing made in LDCs. The Government had also removed restrictions on the volume of goods that can be imported from these countries.

Subsequently, as part of the 2010 Federal Budget, the Canadian Government announced the elimination of duties on imported raw materials, which includes substantial reductions in duties on textiles, from the Least-Developed-Countries. Read more here.
 

(CBSA)

On April 24, 2013, the Canadian International Trade Tribunal, pursuant to subsection 76.03(3) of the Special Import Measures Act, initiated an expiry review of its order made on January 8, 2009, in Expiry Review No. RR 2008 002, continuing, without amendment, its finding made on January 9, 2004 in Inquiry No. NQ-2003-002 concerning certain hot rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from the Republic of Bulgaria, the Czech Republic and Romania.

As a result, the President of the Canada Border Services Agency initiated an investigation on April 25, 2013 to determine whether the expiry of the order is likely to result in the continuation or resumption of dumping of the goods.

Questions relating to the expiry review should be addressed to:
Sanjivan Sandhu
Telephone: 613-946-4857
Facsimile: 613-948-4844
E-mail: Sanjivan.Sandhu@cbsa-asfc.gc.ca
 

(CBSA)

The Canada Border Services Agency (CBSA) initiated investigations on April 22, 2013, under the Special Import Measures Act, respecting the alleged injurious dumping and subsidizing of silicon metal containing at least 96.00% but less than 99.99% silicon by weight, and silicon metal containing between 89.00% and 96.00% silicon by weight that contains aluminum greater than 0.20% by weight, of all forms and sizes, originating in or exported from the People’s Republic of China. The investigations follow a complaint filed by Québec Silicon Limited Partnership of Bécancour, Québec.

The goods in question are usually classified under the following Harmonized System classification number:  2804.69.00.00

Additional information about this investigation will be available in a Statement of Reasons that will be available within 15 days on the CBSA’s website at: www.cbsa-asfc.gc.ca/sima

Click here for full details.
 

(CBSA)

Concerning a determination under paragraph 76.03(7)(a) of the Special Import Measures Act regarding CERTAIN CARBON STEEL WELDED PIPE ORIGINATING IN OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA

DECISION
On April 4, 2013, pursuant to paragraph 76.03(7)(a) of the Special Import Measures Act, the President of the Canada Border Services Agency determined that the expiry of the finding made by the Canadian International Trade Tribunal on August 20, 2008, in Inquiry No. NQ-2008-001, concerning the dumping and subsidizing of certain carbon steel welded pipe originating in or exported from the People’s Republic of China was likely to result in the continuation or resumption of dumping and subsidizing of these goods into Canada.

Details here or download the entire Statement of Reasons.
 

(CBSA)

On April 10, 2013, the Canadian International Trade Tribunal, pursuant to subsection 76.03(3) of the Special Import Measures Act, initiated an expiry review of its order made on December 22, 2008, in Inquiry No. RR-2008-001, concerning the dumping of certain structural tubing, also known as hollow structural sections, originating in or exported from the Republic of Korea, South Africa and Turkey.

As a result, the President of the Canada Border Services Agency initiated an investigation on April 11, 2013 to determine whether the expiry of the order is likely to result in the continuation or resumption of dumping of the goods.

Questions relating to the expiry review should be addressed to:
Simon Duval
Telephone: 613-948-6464
Facsimile: 613-948-4844
E-mail: Simon.Duval@cbsa-asfc.gc.ca
 

(CBSA)

Recently, there has been significant media attention on the tariff treatment of MP3 players, such as iPods. The Canada Border Services Agency (CBSA) would like to clarify.

Importers of MP3 players continue to be eligible to apply for tariff relief under Tariff Item 9948.00.00.

Customs duty will be relieved on those imported goods that meet the requirements of tariff item 9948.00.00.
 

(CBSA)

On December 5, 2012, the Canadian International Trade Tribunal (Tribunal), pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiated an expiry review of its finding made on August 20, 2008, in Inquiry No. NQ-2008-001, concerning the dumping and the subsidizing of certain carbon steel welded pipe originating in or exported from the People’s Republic of China.

As a result, the President of the Canada Border Services Agency (CBSA) initiated an investigation on December 6, 2012 to determine whether the expiry of the finding is likely to result in the continuation or resumption of dumping and/or subsidizing of the goods.

The investigation is now completed and today, pursuant to paragraph 76.03(7)(a) of SIMA, the President of the CBSA (the President) has determined that the expiry of the finding is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods from China.

A Statement of Reasons that contains additional details concerning the determination made by the President will be issued within fifteen days.  The Statement of Reasons will be posted on the CBSA’s Web site.

The Tribunal will now conduct an inquiry to determine whether the expiry of the finding is likely to result in injury or retardation to the Canadian industry, and has announced that it will issue its decision no later than August 19, 2013.

Questions relating to the President’s determination should be addressed to Richard Pragnell: Telephone: 613-946-0032 | Facsimile: 613-948-4844.
 

(Government of Canada)

The Harper government has announced funding to improve infrastructure at various border crossings. This announcement follows through on commitments in the Beyond the Border Action Plan announced by Prime Minister Stephen Harper and President Barack Obama in December 2011.

Improvements will be made at:

• North Portal
• Emerson
• Lacolle
• Lansdowne
 

(CBSA)

• CN-13-009 Amendments to the Departmental Consolidation of the Customs Tariff

• Chapter-by-Chapter Customs Tariff – T2013-2

In addition, the following recent Customs Notices are now on CBSA’s website:

• CN-13-006 Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Panama Free Trade Agreement

• CN-13-007 Proposed Regulatory Amendment to the Customs Bonded Warehouses Regulations

• Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Panama Free Trade Agreement

• CN-13-005 Implementation of the Canada-Panama Free Trade Agreement (CPAFTA)
 

(CITT)

On March 27, 2013, the Canadian International Trade Tribunal, pursuant to subsection 76.03(3) of the Special Import Measures Act, initiated an expiry review of its finding made on December 11, 2008, in Inquiry No. NQ-2008-002, concerning the dumping and subsidizing of thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People’s Republic of China

As a result, the President of the Canada Border Services Agency initiated an investigation on March 28, 2013 to determine whether the expiry of the order is likely to result in the continuation or resumption of dumping and/or subsidizing of the goods.

Questions relating to the expiry review should be addressed to:
Ron McTiernan
Telephone: 613-954-7271
Facsimile: 613-948-4844
E-mail: Ronald.McTiernan@cbsa-asfc.gc.ca
 

(CBSA)

The 2013-14 Report on Plans and Priorities for the CBSA is now available.
 

(CFIA)

Directive D-95-03 “Plant protection policy for marine vessels arriving to Canada from areas regulated for Asian gypsy moth (Lymantria dispar, Lymantria albescens, Lymantria postalba, Lymantria umbrosa has been revised to expand the list of regulated pests to include Lymantria albescens, Lymantria postalba, Lymantria umbrosa and the Asian strains of Lymantria dispar, together commonly called Asian gypsy moth (AGM). The time period required for vessels to provide certification, prior to entering Canada, has been shortened. The International Plant-quarantine Accreditation Board (IPAB) was recognized as the sole source of pre-departure certification as of March 1st, 2012 for the Republic of Korea. Appendix 3 has been amended to reflect this. The list of CFIA contacts and designated offshore inspection sites in Eastern and Western Canada for Asian gypsy moth has been added as Appendix 4.

This directive will be available for consultation until the 8th of April 2013. Please send all your comments to IAS.EEE@inspection.gc.ca.