In the Sucro Can Sourcing LLC (“Sucro Can”) decision issued on January 5, 2024 (Appeal EA-2022-002), the Canadian International Trade Tribunal (“CITT”) allowed Sucro Can’s appeal of the enforcement action taken by the Canada...more
The Canada Border Services Agency’s (“CBSA”) official position is that only the “importer”, the “owner” of the goods, or a licensed customs broker acting on their behalf are authorized to account for commercial goods and be...more
On January 1, 2020, the most recent version of Incoterms® came into force. Among the changes are a new Incoterm, DPU (described below), new carriage security obligations for each Incoterm, cost clarifications, and changes to...more
Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the...more
Effective Monday, April 29, 2019, the Government of Canada discontinued its 25% provisional safeguard surtax imposed since October 25, 2018, on imports of concrete reinforcing bar, energy tubular products, hot-rolled sheet,...more
Without fanfare or announcement, the Government of Canada made two important amendments to the provisional surtaxes on steel products imported into Canada...more
This week the Government of Canada announced its intent to impose restrictions on imports of seven classes of steel products to mitigate harm caused by “the diversion of foreign steel products into Canada.”...more
What Does This Mean For Your Business? Effective October 25, 2018, provisional safeguard measures apply to seven categories of steel products imported into Canada from most countries. These provisional safeguard measures...more
Safeguards are exceptional measures intended to temporarily assist domestic producers that have suffered, or are threatened by serious injury from increased imports of specific goods. Unlike anti-dumping or anti-subsidy...more
On August 14, 2018, the Canadian government undertook public consultations to examine whether imports of seven steel products warrant safeguard action.1 The products under review are: steel plate, concrete reinforcing bar,...more
The Government of Canada has released its updated list of U.S. products that will be subject to a surtax when imported into Canada as of July 1, 2018. The final list targets approximately $16.6-billion worth of goods as a...more
The election of U.S. President Donald Trump has heralded a new protectionist era of international trade. Since Trump's inauguration, the U.S. has withdrawn from the Trans-Pacific Partnership agreement, initiated discussions...more
All procurements in Canada are, at common law, founded on the principles articulated in the Supreme Court of Canada decision in The Queen (Ontario) v Ron Engineering. Ron Engineering introduced the concepts of “Contract A”...more
On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT)....more
On August 19, 2016, the Canada Border Services Agency (“CBSA”) initiated an anti-dumping investigation into concrete reinforcing bar (also known as rebar) imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal and...more
On June 8, 2016 the Canada Border Services Agency (CBSA) initiated an anti-dumping investigation against gypsum board originating in or exported from the USA into Canada. The case was filed by Gypsum Canada Inc. of...more
Whether an imported good is for “domestic” or for “other” purposes is an important distinction for customs because importers of goods “for domestic purposes” must pay customs duties ranging from eight per cent to 9.5 per cent...more
The TPP is an ambitious economic and free trade agreement between Canada and 11 other countries — including the United States, Australia and Japan — who represent one-third of all international trade and over 775 million...more
The recent proliferation of affirmative threat of injury findings by the Canadian International Trade Tribunal (CITT) indicates problems with the CITT’s approach to its threat of injury analyses. The CITT is arguably applying...more
In three decisions released concurrently by the Canadian International Trade Tribunal (CITT) on September 18, 2015 (collectively referred to as the Bri-Chem trilogy), the CITT instructed the Canada Border Services Agency...more
On September 18, 2015, the Canadian International Trade Tribunal (CITT) released three decisions concurrently (collectively referred to as the Bri-Chem trilogy) that instruct the Canada Border Services Agency (CBSA) to apply...more