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Canada Customs & Other Regulatory Trade Updates: April 2020 – May 2020

Posted May 19, 2020


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.

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Canada Border Services Agency
 

CUSMA “What Importers Need to Know” Guide: Overview of Key Changes Affecting Imports
Summary of the main changes of interest to importers in the Canada-United States-Mexico Agreement which is scheduled to enter into force on July 1, 2020, replacing NAFTA.

RB1 2019 ER: Certain Concrete Reinforcing Bar
Following the result of an expiry review by the CITT, the CBSA has pursuant to SIMA initiated an expiry review investigation concerning the dumping of certain hot-rolled deformed steel concrete reinforcing bar originating in or exported from China, South Korea, and Turkey (and subsidization in the case of China) to determine whether the expiry of the finding is likely to result in the continuation or resumption of dumping and/or subsidizing of the subject goods.

Memorandum D22-1-1: Administrative Monetary Penalty System
Memo updated to, among other things, reflect the changes regarding the penalty assessment' review process resulting from the amendments to the legislation.

Memorandum D11-5-16: Comprehensive and Progressive Agreement for Trans-Pacific Partnership Rules of Origin
Memo providing links to the legislation, guidelines, and general information about the CPTPP Rules of Origin that entered into force December 30, 2018.

Memorandum D11-4-27: CCRFTA-Costa Rica Free Zone Regime
Memo outlining the regulations and information for determining whether Canada-Costa Rica Free Trade Agreement originating goods imported from Costa Rica and accounted for, on or before August 7, 2019 have received the benefits of the Costa Rica Free Zone Regime, and whether such goods are entitled to the Costa Rica preferential tariff treatment.

Memorandum D3-1-5: International Commercial Transportation
Updated to remove reference to 9801.10.20 00 in regards to transportation incidental to the international traffic of the goods.

Customs Notice 19-14: Mandatory Electronic Reporting for Exporters
Notice that as of June 30, 2020, the CBSA will no longer accept B13As. Exporters will be required to report their exports electronically using the Canadian Export Reporting System (CERS) and/or the G7 Export Reporting Electronic Data Interchange (G7-EDI), which links directly to the CBSA's Accelerated Commercial Release Operations Support System (ACROSS).

Customs Notice 20-19: Certain Goods Remission Order (COVID-19)
Notice providing information on the remission order allowing for the relief of customs duty for eligible goods (medical goods, personal protective equipment, etc) which were imported on or after May 5, 2020.

Customs Notice 20-18: Implementation of CUSMA De Minimis Duty/Tax Thresholds for Courier Imports
Notice advising that under CUSMA, Canada has agreed to a de minimis threshold of CAD$150.00 for customs duties, and CAD$40.00 for taxes, at the time or point of importation of goods shipped by courier from the United States or Mexico.

Customs Notice 20-17: Re-classification of “Assault Style” Firearms to Prohibited Firearms
Notice advising that in accordance with recently enacted gun control legislation, many firearms that were once classified as non-restricted or restricted are now re-classified as prohibited firearms.

Customs Notice 20-16: Arctic Shipping Electronic Commercial Clearances Program
Updated to provide clarification on eligible participants and cargo transported on vessels approved for the ASECC pilot program.

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Canadian Food Inspection Agency
 

Interim Guidance: Sending Food Export Certificates to Foreign Countries During COVID-19
Describes the temporary process for sending an export certificate in an alternate format if submitting the original paper document, which continues to be the preferred method, is not possible.

Web Bulletin: USDA Will Accept Canadian Digital Export Certificates for Live Bovine as of June 1, 2020
Advisory that Canadian and U.S. regulators have come to an agreement that as of June 1, 2020, the U.S. will accept electronically signed health certificates (i.e. certificates that are requested and issued via My CFIA) for the import of live cattle and bison at all US Points of Entry.

Web Bulletin: Change to Document Requirements for Tomato and Pepper Exports to U.S.
Advisory that an exporter-issued certificate of origin is no longer required for exports and re-exports of fresh tomatoes and peppers from Canada to the U.S. (country of origin must, however, be clearly identified on an invoice or similar accompanying documentation).

Web Bulletin: How to Properly Declare a Safe Food for Canadians Licence Number on Food Import Declarations
Notification that a new Food import notice has been posted, which provides information on how to properly declare a SFC licence number on food import declarations.

Web Bulletin: Latest Update for Importers of Organic Products
Bulletin advising that starting April 2020 the CFIA’s Canada Organic Regime will be including the admissibility requirement for the import of organic products in the Automated Import Reference System, in accordance with the Safe Food for Canadians RegulationsHoney and maple products are the first commodities for which this organic import requirement is being implemented and as of April 2020 must be incorporated into AIRS.

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Canadian International Trade Tribunal
 

AP-2019-006: Ratana International Ltd. v. President of the CBSA
The issue in this appeal is whether the goods in issue are classifiable under tariff item Nos. 9401.71.10 and 9401.79.10 of the as other seats with metal frames, upholstered or other, for domestic purposes, as determined by the CBSA, or under tariff item Nos. 9401.71.90 and 9401.79.90 as other seats with metal frames, upholstered or other, for other purposes, as claimed by Ratana. The Tribunal found that the appellant provided sufficient evidence to discharge its burden of establishing that the CBSA incorrectly classified the subject goods as being intended for domestic purposes and, therefore, allowed the appeal.

RR-2019-003: Concrete Reinforcing Bar
Statutory notice that pursuant to SIMA the CITT will initiate an expiry review of a 2015 finding concerning the dumping of certain hot‑rolled deformed steel concrete reinforcing bar originating or exported from China, South Korea and Turkey, and the subsidizing of the subject goods in the case of China. Notice revised to reflect extended timeframes in the hearing schedule.

RR-2019-005: Oil Country Tubular Goods from China
Statutory notice that the CITT pursuant to SIMA is initiating an expiry review of a inquiry dating back to 2010 concerning the dumping and subsidizing of certain oil country tubular goods originating in or exported from China. Notice revised to reflect extended timeframes in the hearing schedule.

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Global Affairs Canada
 

Message to Industry: Revisions to TRQ Application Process – Simplification of Documents, Temporary Administration Changes, etc.
Notification that as part of an initiative to streamline the tariff rate quota process related to the administration of supply-managed products, additional simplified documents are now available for TRQs starting on May 1, 2020. Additionally, this message outlines changes to the TRQ application process resulting from the COVID-19 pandemic. Specifically, the requirement to provide an accountant’s letter for upcoming CPTPP TRQs may be temporarily waived under “exceptional circumstances.”

Notice to Exporters-Serial #999: Requirements for Exporting Prohibited Firearms
Notice advising exporters of export controls implications flowing from a policy change under which a number of firearms are now being considered “prohibited firearms” as defined in subsection 84(1) of the Criminal Code.

Notice to Exporters-Serial #992: Export of Items Listed on the Export Control List to Turkey
Notice advising that permit applications for all groups on the Export Control List with regards to the export of controlled goods/technology to Turkey, applications will continue to be reviewed on a case-by-case basis.

Press Release: Canada Improves Terms of Light Armored Vehicles Contract
Announcement that a renegotiated military contract with Saudi Arabia has eliminated exposure to financial risk for Canadian firms where future export permits are delayed or denied if there is an infringement of the permit’s end-use assurances.

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Health Canada


RA-72889: Expedited Access to Cleaning Products Used in the Workplace to Help Fight COVID-19
Advisory regarding Health Canada’s interim policy aimed at facilitating access to certain cleaning products intended to fight COVID-19 that may not fully meet current regulatory requirements.

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