Trade Compliance

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CBSA Updates Policy on Publication of Customs Rulings

Posted September 30, 2014

The Canada Border Services Agency (CBSA) has updated its policy on the publishing of advance rulings and National Customs Rulings (NCR) and the mandatory elements that must now be included in all requests for all rulings.

Effective September 30, 2014, the CBSA requires anyone requesting advance rulings and NCRs to either consent or not consent to the publication of their ruling letters, in their entirety, on the CBSA website.

The specific wording of the consent statement which must be included (verbatim) is as follows:

1) Consent to the Publication of an Advance Ruling Letter

I, (Name of Individual) of (Importer/Exporter/Producer/Authorized Agent) hereby give my consent to allow the Canada Border Services Agency (CBSA) to release to the public the entirety of the advance ruling letter issued to me by the CBSA in respect of (Subject of the request).

Signature
Date

2) Do not consent to the Publication of an Advance Ruling Letter

I, (Name of Individual) of (Importer/Exporter/Producer/Authorized Agent) hereby do not give my consent to allow the Canada Border Services Agency (CBSA) to release to the public the entirety of the advance ruling letter issued to me by the CBSA in respect of (Subject of the request)

Signature
Date

A ruling request that does not include one of the foregoing statements will be considered incomplete and won’t be processed until such time as one of the statements is provided by the applicant.

CBSA notes that applicants are not obliged to consent to the publication of its ruling and furthermore that published rulings are binding only on the CBSA and the person to whom they are issued. Published rulings are simply made available for purposes of providing guidance to the trading community and cannot be relied upon as formal “reason to believe” for import purposes.