Trade Compliance

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Canada Customs & Other Regulatory Trade Updates: September 2017

Posted September 13, 2017


A summary of recent 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

LP2 2017 IN: Certain Carbon and Alloy Steel Line Pipe
Notification that pursuant to SIMA, the CBSA has made a preliminary determination of dumping with respect to certain carbon and alloy steel line pipe originating in or exported from South Korea. Accordingly, Provisional duties of up to 107.2% will now be payable on the subject goods that are released from customs on or after September 6, 2017.

RB 2017 RI: Certain Concrete Reinforcing Bar
Notice of conclusion of re-investigation in accordance with SIMA of the normal values and export prices respecting certain concrete reinforcing bar originating in or exported from China, South Korea and Turkey and the amount of subsidy respecting the subject goods originating in or exported from China.

SSS 2017 ER: Certain Stainless Steel Sinks
Notification that the CBSA’s expiry review investigation pursuant to SIMA determined that expiry of the finding made on May 24, 2012, in Inquiry No. NQ 2011 002, concerning stainless steel sinks originating in or exported from China is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods.

PP 2017 ER: Notice of Expiry Review Investigation – Certain Steel Piling Pipe
Notification that the CBSA has initiated an expiry review investigation to determine whether the expiry of an order concerning the dumping of certain steel piling pipe originating in or exported from China is likely to result in the continuation or resumption of dumping of the subject goods.

Notice of Investigation: Polyethylene Terephthalate Resin
Notification that the CBSA is launching an investigation into whether or not certain polyethylene terephthalate resin (PET resin) originating in or exported from China, India, Oman and Pakistan is being sold at unfair prices in Canada.

Memorandum D11-5-14: CUFTA Rules of Origin
This new memorandum describes the Canada–Ukraine Free Trade Agreement (CUFTA) Rules of Origin.

Memorandum D2-3-7: Marine Operations – CBSA Processing of Cruise Ships
Certain procedures and guidelines in the memo dated June 3, 2008 are no longer in effect and updated cruise ship clearance policies and procedures will in future be published online.

Memorandum D2-1-1: Temporary Importation of Baggage and Conveyances by Non-residents
Technical correction to properly reflect legislation relating to United States pre-clearance personnel.

Canadian Food Inspection Agency

Directive D-02-12: Phytosanitary Import Requirements – Non-Processed Woods and other Wooden Products and Various Bamboo Products
Revised to clarify existing phytosanitary import requirements for the following products originating from all areas of the world other than the continental United States: non-processed wood and other wooden products, bamboo poles, bamboo stakes and other bamboo products.

Notice to Industry: Amendments to the CFIA Fees
Part 11 (Health of Animals Fees) of the Agency's Fees Notice has been amended to remove travel related costs.

Directive 2017-0816: Consultations on New IPPC Phytosanitary Measures
Notice that commenting period on this year’s draft International Standards for Phytosanitary Measures are open until September 30, 2017.

Canadian International Trade Tribunal

AP-2016-025: Janicki & Associates Ltd. v. President of the CBSA
The issue in this appeal is whether various models of espresso machines are properly classified under 8516.71.10 as other electro‑thermic appliances (more specifically, coffee makers), as determined by the CBSA, or should be classified under 8419.81.00 as other machinery, plant and equipment for making hot drinks, as claimed by Janicki. The CITT concluded that the appellant did not discharge its burden of proving that the goods in issue are other than of a kind used for domestic purposes. Consequently, the expresso machines are not classifiable in heading No. 84.19 and the appeal is dismissed.

AP-2015-014: Costco Wholesale Canada Ltd. v. President of the CBSA
The issue in this appeal is whether collapsible laundry bags are “other furniture” under 9403.89.19 or, alternatively, “other sacks and bags, including cones” under 4819.40.00 as argued by Costco, or “other made up articles of textile materials” under 6307.90.99 as determined by the CBSA. Pursuant to Rule 6 of the General Rules and Rule 1 of the Canadian Rules, the CITT determined that the goods in issue are properly classified under tariff item No. 6307.90.99 and therefore dismissed the appeal.

AP-2016-027: Best Buy Canada Ltd. v. President of the CBSA
The issue in this appeal is whether certain “Z-Line Designs” floor stands for flat-panel televisions are properly classified under 9403.20.00 as other metal furniture, and 9403.60.10 as other wooden furniture for domestic purposes, as determined by the CBSA, or should be classified under 8529.90.90 as other parts suitable for use solely or principally with the apparatus of headings No. 85.25 to 85.28 (television receivers, etc.), as claimed by Best Buy. In accordance with Rule 2(a) of the General Rules, the CITT allowed the appeal.

Expiry Review RR-2017-003: Steel Piling Pipe
Statutory notice under SIMA that the CITT has initiated an expiry review of a finding made by the CITT on November 30, 2012, in Inquiry No. NQ-2012-002, concerning the dumping and subsidizing of certain carbon and alloy steel pipe piles, commonly identified as piling pipe, originating in or exported from China.

Preliminary Injury Inquiry PI-2017-002: Polyethylene Terephthalate Resin
Notice of commencement of a preliminary injury inquiry to determine whether there is an indicatation that the alleged injurious dumping and subsidizing of certain polyethylene terephthalate resin (PET resin) originating in or exported from China, India, Oman and Pakistan, have caused or are threatening to cause injury or retardation to the domestic injury.

Preliminary Injury Inquiry PI-2017-001: Carbon and Alloy Steel Line Pipe
Notice under SIMA that the CITT has determined there is evidence showing a reasonable indication that the dumping of certain carbon and alloy steel line pipe originating in or exported from South Korea has caused or is threatening to cause injury to the domestic industry.

Expiry LE-2017-004: Hot-Rolled Carbon Steel Plate From China
Statutory notice under SIMA that a finding made by the CITT on January 8, 2013, in Expiry Review No. RR-2012-001, concerning the dumping of hot-rolled carbon steel plate and high-strength low-alloy plate originating in or exported from China, is scheduled to expire on January 7, 2018.

Global Affairs Canada

Export/Import Controls: CETA Origin Quotas
Notification that pursuant to the Comprehensive Economic and Trade Agreement (CETA), the following origin quota products require an export permit: sugar confectionery and chocolate preparations; processed foods; dog and cat food; and certain apparel products. Additionally, origin quotas for high-sugar containing products and vehicles will be administered by way of allocation and export permits.