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Canada Customs & Other Regulatory Trade Updates: Dec. 2018 – January 2019

Posted January 24, 2019


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.

Canadian Border Services Agency


Customs Notice 19-03: Repositioning of Empty Containers in Canadian Waters
With the passage of Bill C-49 on December 10, 2018, the Coasting Trade Act has been amended to allow vessels of any registry to reposition empty containers they own or are leasing, between locations in Canada (on a non-revenue basis) without the requirement of obtaining a coasting trade licence.

Customs Notice 19-02: Amendment to the Departmental Consolidation of the Customs Tariff
As a result of its ratification of the Comprehensive and Progressive Trans-Pacific Partnership Tariff last year, the Customs Tariff has been updated to include the CPTPP tariff treatment for Vietnam beginning January 14, 2019.

CSWP3-2018-IN: Carbon Steel Welded Pipe
Statutory notification that pursuant to SIMA, the CBSA has terminated the investigation of dumping of carbon steel welded pipe by Erbosan Erciyas Boru Sanayii ve Ticaret A.S. from Turkey and also made a final determination of dumping of carbon steel welded pipe from Pakistan, the Philippines, Turkey and Vietnam.

AE-2018-SP: Certain Aluminum Extrusions
In accordance with a scope proceeding made by the CBSA pursuant to SIMA, the CITT’s preliminary assessment found that certain aluminum brackets included with Nokia's unassembled Base Transceiver Station systems are not subject to a prior CITT order respecting certain aluminum extrusions from China.

Customs Notice 19-01: CFIA’s Safe Food for Canadians Regulations
Importers are advised that the Canadian Food Inspection Agency (CFIA)'s Safe Food for Canadians Regulations (SFCR) come into force on January 15, 2019. Under Phase 1 of the CFIA’s implementation plan, imports of meat, fish, eggs, fruits and vegetables both fresh and processed, dairy, maple and honey for commercial sale require a SFC license.

Customs Notice 17-19: Interim Measures and Issuance of ACI Penalties to Highway Carriers
Extension of the evaluation period to December 31, 2019 for the CBSA’s “turnaround policy” that allows highway truck drivers who arrive at a Canadian border point without Advance Commercial Information to turn around and return to the U.S. to properly report cargo information in accordance with ACI requirements.

OCTG1-SC-2019-UP-01: Oil Country Tubular Goods and Seamless Casing
Notice that the CBSA has initiated a normal value and export price review to update the normal values and export prices applicable to certain oil country tubular goods (OCTG) and certain seamless casing exported to Canada from China by HG Tubulars Ltd.

OCTG1-SC-2019-UP-02: Oil Country Tubular Goods and Seamless Casing
Notice that the CBSA has initiated a normal value and export price review to update the normal values and export prices applicable to certain oil country tubular goods (OCTG) and certain seamless casing exported to Canada from China by Shandong Molong Petroleum Machinery Co.

Memorandum D14-1-7: Assessment and Payment of Duties Under the Special Import Measures Act
D-Memo revised to reflect the recent amendments to the SIMA and associated regulations which now provide that importers will be liable for the payment of anti-dumping and/or countervailing duties for goods of the same description as those goods whose importation was found to constitute circumvention, effective on the day after the CITT amends the order or finding to include such goods, and that retroactive duties will also be assessed on goods imported on or after the day the CBSA initiates the anti-circumvention investigation.

Memorandum D19-9-2: Importation and Exportation of Cannabis, Controlled Substances and Precursors
This memorandum replaces D19-9-2, Regulations of Narcotics and Controlled and Restricted Drugs (Narcotic Control Act, Food and Drugs Act) dated July 26, 1993 and updates the earlier version of this memorandum dated September 5, 2014. CBSA’s role in the administration of the Controlled Drugs and Substances Act and its regulations is also explained.

PLA5 2018 ER: Certain Hot-rolled Carbon Steel Plate
Notice that pursuant to SIMA, the CBSA has initiated an expiry review investigation to determine whether a lapse in the order is likely to result in the continuation or resumption of dumping of hot-rolled carbon steel plate originating in or exported from Bulgaria, Czech Republic and Romania.

Customs Notice 18-27: Regulatory Amendments and New Regulations Related to the Implementation of the CPTPP
Notice outlining the various regulatory amendments and new regulations in support of the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) that became effective as of December 30, 2018.

Customs Notice 18-26: January 1, 2019 Version of the Customs Tariff
Notification that the different format files for the January 1, 2019 Departmental Consolidation of the Customs Tariff are now available on the Customs Tariff page of the CBSA website.

Customs Notice 18-25: New requirements under the Ozone-depleting Substances and Halocarbon Alternatives Regulations
Notice advising the trade community that the Ozone-depleting Substances and Halocarbon Alternatives Regulations have been amended to prohibit the manufacture and import of certain HFC-containing goods while including new provisions related to the phase-down of hydrofluorocarbons (HFCs) and consumption allowances.

Customs Notice 18-24: Provisional Safeguards – In-transit Steel Goods Remission Order
Notice providing information on the introduction and application of the In-Transit Steel Goods Remission Order, SOR/2018-288, which came into effect on December 17, 2018. The Order remits surtax paid or payable in respect of goods that were in transit to Canada before the provisional safeguard measures came into force.

RB1-2018-UP-ICDAS: Concrete Reinforcing Bar
Notification that CBSA has concluded a normal value review to update the normal values and export prices applicable to certain concrete reinforcing bar (rebar) exported to Canada from Turkey by IÇDAŞ Celik Enrji Tersane ve Ulasim Sanayi A.S.

RB1-2018-UP-COLAKOGLU: Concrete Reinforcing Bar
Notification that CBSA has concluded a normal value review to update the normal values and export prices applicable to certain concrete reinforcing bar (rebar) exported to Canada from Turkey by Çolakoğlu Metalurji A.S.

HSS-2018-ER: Certain Hollow Structural Sections
Statutory notification that CBCSA has initiated an expiry review investigation to determine whether expiry of a 2013 order is likely to result in a continuation or resumptin of dumping of certain hollow structural sections made of carbon and alloy steel originating in or exported from South Korea and Turkey.

Canadian Food Inspection Agency


Web Notice: Malaysia – Export Requirements for Fish and Seafood
Notification that the requirement for exporting fish and seafood exported to Malaysia has been updated to include additional statements for aquacultured fish and seafood products.

Web Notification: SFCR Changes to Fish Importers
Advisory to food businesses that import fish or shellfish into Canada that effective January 15, 2019, the Safe Food for Canadians Regulations (SFCR) will come into force.

Notice to Industry: Service Change for Commercial Importers or Brokers Declaring CFIA Regulated Imports to the CBSA
Notification advising that all customs brokers or importers who declare CFIA regulated imports to the CBSA should now be certified to use the Single Window Integrated Import Declaration (SW IID). Additionally, import transactions will no longer be processed in OGD-PARS or OGD-RMD neither manually nor automated, as of April 1, 2019. After this date, import transactions will only be processed by the CFIA via the SW IID.

Web Notice 20181221: Safe Food for Canadians Regulations Manufacturer’s Declaration Form
Message from the CFIA that effective January 15, 2019, the Manufacturer’s Declaration Form (CFIA/ACIA 5280) will be discontinued. Forms that were notarized prior to January 15 will be honoured for a period of 30 days. The application for a Certificate of Free Sale (CFIA/ACIA 5786) for manufactured foods as required under the Safe Food for Canadians Regulations is available on-line through My CFIA.

MHD-2018-23: Chapter 11 of the Meat Hygiene Manual of Procedures
Meat Hygiene Directive advising that section 11.7.3 of Chapter 11 of the Meat Hygiene Manual of Procedures has been added to highlight the import requirements for Moldova.

Web Notice 20181212: Consultation on Proposed Import Requirements
Advisory notice that the CFIA is currently consulting on a new proposed import directive, D-18-01: Phytosanitary import requirements for propagative material of Rubus and Ribes species (edible berries) from all origins.

Canada Gazette, Part I, Volume 152, Number 49: Regulations Amending the Fertilizers Regulations
Following a systematic review of the Fertilizers Regulations conducted by the CFIA, amendments have been proposed to address various deficiencies that impede access of Canadian agricultural producers, growers and consumers to safe fertilizers and supplements and results in delays in getting a product to market.

SFCR Timelines: Fresh Fruit or Vegetables
Timetable for businesses to calculate when they need to comply with requirements of the Safe Food for Canadians Regulations (SFCR) related to to licensing, preventive control plans (PCP), preventive controls and traceability.

Business Toolkit: Fee Changes Under the Safe Food for Canadians Regulations
Under the Safe Food for Canadians Act and Regulations, businesses that import or prepare food for export or to be sent across provincial or territorial borders now need a Safe Food for Canadians (SFC) licence, which costs $250 every two years. Related news release: Safe Food for Canadians Licences Now Available for Food Businesses.

Canadian International Trade Tribunal


AP-2017-044: Oxygène Dolbeau Inc. v. President of the CBSA
The issue in this appeal is whether certain staples of base metal that are used used in packaging imported by Oxygène Dolbeau Inc. are classified under tariff item No. 8305.20.00 of the schedule to the Customs Tariff as staples in strips, of base metal, as determined by the CBSA, or under tariff item No. 7317.00.00 as staples (other than those of heading 83.05) and similar articles, of iron or steel, as claimed by the appellant. Ultimately, the Tribunal found that, at the time of importation, the goods in issue are presented in the form of a roll as opposed to being in a rigid strip, and therefore cannot be classified in heading No. 83.05. As such, in accordance with Rule 6 of the General Rules and the Canadian Rules, the Tribunal allowed the appeal after ruling that the goods in issue are classified under subheading No. 7317.00 and tariff item No. 7317.00.00.

FISC-2018-SP-02: Certain Fabricated Industrial Steel Components
Notice of scope ruling concerning well pair modules, termination modules and metering modules manufactured by Shanghai Shuangyan Chemical Equipment that were ruled by the CITT to be subject to a 2017 Tribunal finding.

RD-2016-002: Hot-Rolled Carbon Steel Plate and High Strength Low-Alloy Steel Plate
Pursuant to SIMA, the CITT conducted an interim review concerning the dumping of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Bulgaria, the Czech Republic, Romania, Ukraine, Brazil, Denmark, Indonesia, Italy, Japan and South Korea. Subsequent to its review, the CITT decided to continue is prior orders and finding without amendment.

RR-2018‑007: Hot-Rolled Carbon Steel Plate and High-Strength Low-Alloy Steel Plate
Statutory notice pursuant to SIMA that the CITT is initiating an expiry review of a 2014 order (itself a continuance of a 2009 order stemming from a 2004 finding) concerning the dumping of hot-rolled carbon steel plate and certain high-strength low-alloy steel plate originating in Bulgaria, the Czech Republic, and Romania.

NQ-2018-002: Cold-Rolled Steel
Notification of a finding by the CITT pursuant to SIMA that the dumping and/or subsidizing of certain cold‑reduced flat-rolled sheet products of carbon steel originating in or exported from China, South Korea, Vietnam, has has caused injury or is otherwise threatening harm to Canadian producers of the subject goods.

NQ‑2018‑005: Nitisinone Capsules
Notice that pursuant to SIMA, the CITT has initiated an inquiry to determine whether the dumping of nitisinone capsules (used in the treatment of hereditary tyrosinemia type 1, sold under the brand name Orfadin) originating in or exported from Sweden has caused injury or is otherwise threatening harm to Canadian producers of the subject goods.

NQ-2018-001: Sucker Rods
Finding by the CITT that the dumping and subsidizing of certain sucker rods originating in or exported from China as determined by the CITT and CBSA have caused injury to domestic producers.

Global Affairs Canada


Public Consultation: Canada’s Export Controls Regime
In preparation for the entry into force of Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code, Global Affairs Canada is launching a public consultation on proposed changes to Canada’s export controls regime in connection with the government having committed to joining the Arms Trade Treaty. Canadians have until 11:59 p.m. (Pacific Time) on January 31, 2019, to submit their responses, comments and suggestions.

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