Trade Compliance

GHY discusses changes to international trade regulations and explores cutting-edge compliance strategies.

Canada Customs & Other Regulatory Trade Updates: April 2017

Posted April 12, 2017

A summary of regulatory updates, notifications, and technical bulletins from the Canada Border Services Agency and other federal government departments, agencies and administrative entities concerning Canadian imports and exports.

Canada Border Services Agency

RB2 2016 IN: Certain Concrete Reinforcing Bar - Notice of Final Determination
On April 3, 2017, the CBSA made a final determination of dumping regarding certain concrete reinforcing bar (classified under 7213.10.00.00, 7214.20.00.00, 7215.90.00.90 and 7227.90.00.90) originating in or exported from Belarus, Hong Kong, Japan, Portugal, Spain and Taiwan. Provisional duties ranging up to 108.5% will continue to apply until the CITT makes an order or finding of material injury to the domestic industry.

SSS 2017 ER: Certain Stainless Steel Sinks – Initiation of Expiry Review Investigation
On April 4, 2017, the CBSA initiated an expiry review investigation to determine, by September 1, 2017, whether expiry of the 2012 finding by the CITT is likely to result in the continuation or resumption of dumping and/or subsidizing of certain stainless steel sinks (classified under 7324.10.00.11, 7324.10.00.19, 7324.10.00.21 and 7324.10.00.29) originating in or exported from China.

Customs Notice 17-11: Processing requests under Section 60 of the Customs Act for a Re-determination, a further Re-determination or a Review by the CBSA
The special procedures to challenge a National Customs Ruling and other forms of CBSA policy by way of Dual Legislative Authority B2 have been removed. The CBSA will no longer accept requests using a dual authority on form B2 where one of those authorities is section 60 of the Act. Accordingly, appellants can only file a request under section 60 of the Customs Act if they have received a notice under subsection 59(2) of the Act.

Related: Memorandum D11-6-7 revised to eliminate obsolete or duplicated requirements and simplify complex policy guidance in accordance with the above-mentioned Customs Notice.

Memorandum D11-6-9: Applications for an Extension of Time to File a Request under Section 60 of the Customs Act  Updated to reflect organizational changes.

Memorandum D11-11-1: National Customs Rulings
Revised to reflect the amendment to the NCR program service standard timeline, to update the section for obtaining an origin NCR for the General Preferential and Least Developed Country Tariffs, to introduce the benefits arising from NCR applicants' providing their consent for CBSA publication of their rulings, and to reflect changes to the importers' dispute resolution process.

Canadian Food Inspection Agency

Consultation for the Plant and Animal Health Strategy for Canada
The CFIA is seeking feedback from stakeholders and the public prior to April 30, 2017 on proposed updates to its plant health requirements for importing certain wooden and bamboo products, which are outlined in Directive D-02-12.

RMD-16-01: Pest Risk Management Document – Determining the regulatory status of Rhagoletis pomonella (apple maggot)
Steps that the CFIA will follow when responding to detections of Rhagoletis pomonella (Walsh), apple maggot, which is indigenous to eastern North America and a regulated pest in Canada.

Canadian International Trade Tribunal

Appeal No. AP-2014-041: Tri-Ed Ltd. v. President of the Canada Border Services Agency

Decision: The dispute concerned whether several models of flat-panel LCD monitors fitted with “multi-protocol inputs” are properly classified under tariff item No. 8528.59.90 as other monitors, as determined by the CBSA, or should be classified more appropriately under tariff item No. 8528.51.00 as other monitors of a kind solely or principally used in an automatic data processing (ADP) system of heading 84.71, as argued by Tri-Ed. The CITT allowed the appeal in part for certain models in issue, but ruled in favour of the CBSA with respect to LCD Hand-Held Test Monitors.

Global Affairs Canada

Free Trade Agreement Tariff Preference Level Utilization 2017 Imports
Textiles and Clothing 2017 Tariff Preference Level Utilization NAFTA Exports

Repeal of Sanctions Related to Côte d'Ivoire (Ivory Coast)
Repeal of Sanctions Related to Liberia