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Canada Customs & Other Regulatory Trade Updates: February – March 2019

Posted March 19, 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.

Canada Border Services Agency


Customs Notice 19-05: Changes to Administrative Monetary Penalties Contraventions
Advisory notice to importers that 22 contraventions related to commercial trade will be amended, effective April 1, 2019. The increases will bring penalty levels in line with other non-trade commercial penalties. These increases affect non-compliant importers only.

Customs Notice 19-04: Use of the Generic Sub-Location (9000) Code in All Modes
Clarification regarding the use of the 9000 generic type sub-location (Warehouse Office) code on cargo reports in all modes. The sub-location code is a four-digit identification number that identifies the location of goods, namely the sufferance warehouse where the goods are destined or will be destined in case they are referred, and are utilized by the CBSA to send appropriate electronic notifications.

Customs Notice 18-17: Provisional Safeguard Measures Imposed on the Importation of Certain Steel Goods
Notice providing information on the implementation of the Order Imposing a Surtax on the Importation of Certain Steel Goods (the Order), which came into force October 25, 2018 and the subsequent amendment through the Order Amending the Order Imposing a Surtax on the Importation of Certain Steel Goods SOR/2019-35, which came into force on February 2, 2019. These two orders impose a 25% safeguard surtax applicable to imported goods that exceed the tariff rate quota (TRQ) for each class of goods set out in the Order.

Memorandum D10-18-6: First-come, First-served Agricultural Tariff Rate Quotas
An overview of the Global Affairs Canada’s first-come, first-served (FCFS) agricultural tariff rate quotas (TRQs) on the categories of wheat, wheat products, barley, and barley products, as well as the legislation and administrative guidelines applicable to them.

Memorandum D2-4-1: Temporary Importation of Conveyances by Residents of Canada
Technical revision only (no impact on existing guidelines or procedures).

Memorandum D19-1-1: Food, Plants, Animals and Related Products
Memo updated to reflect the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR) coming into force.

AE 2019 ER: Certain Aluminum Extrusions
Statutory notification that the CBSA has initiated an expiry review investigation pursuant to SIMA to determine whether the expiry of the order is likely to result in the continuation or resumption of dumping and/or subsidizing of certain aluminum extrusions produce via a specified alloy extrusion process.

AE 2018 SP: Certain Aluminum Extrusions
Pursuant to SIMA, the CBSA has made a scope ruling excluding the aluminum brackets included with unassembled BTS systems imported by Nokia Canada Inc. from the CITT’s finding concerning the dumping and subsidizing of certain aluminum extrusions from China.

OCTG2 2018 UP HLD CLARK: Oil Country Tubular Goods
Statutory notification that CBSA has concluded a review to update the normal values and export prices applicable to certain oil country tubular goods (OCTG) exported to Canada from the Philippines by HLD Clark Steel Pipe Co. Inc.

CPF 2019 RI: Certain Copper Pipe Fittings
Notice that the CBSA has initiated a re-investigation to update the normal values and export prices, in accordance with SIMA, respecting certain copper pipe fittings from the United States, South Korea and China, in addition to the amounts of subsidies in the case of China.

COR 2018 IN: Corrosion-Resistant Steel Sheet
Notification that the CBSA pursuant to SIMA made a final determination of dumping concrning certain corrosion-resistant steel sheet from China, Taiwan, India and South Korea.

Canadian Food Inspection Agency

 

News Release 20-02-2019: Changes to Humane Transport Requirements Under the Health of Animals Regulations
CFIA announcement regarding amendments to the Health of Animals Regulations (Part XII) concerning new rules which emphasize and improve the health and wellbeing of livestock during the transportation process; changes the government hopes will increase consumer confidence, strengthen Canada’s international trade status and ease market access for Canadian farm exports.

D-18-01: Phytosanitary Import Requirements for Propagative Material of Rubus & Ribes Species
Directive outlining the phytosanitary requirements that must be met in order to import regulated propagative material of Rubus and Ribes spp. from all origins, which is considered to be a high risk pathway for the movement of quarantine plant pests, including Rubus stunt phytoplasma (RSP) and blackcurrant reversion virus (BRV).

D-17-04: Canadian Green Sawn Wood Certification Program
Directive establishing the requirements for facilities authorized under the Canadian Green Sawn Wood Certification Program, a system-based phytosanitary program administered by the CFIA, to produce and/or handle green sawn wood products consistent with the CGSWCP’s phytosanitary export requirements.

Memorandum 2019-01: Renewal of Veterinary Biologics Establishment Licences, Product Licences, and Import Permits
Renewal reminder for manufacturers and importers that Canadian veterinary biologics establishment licences and product licences expire April 30, 2019, and that import permits expire May 31, 2019.

Web Bulletin: Export of Raw Beef Trimmings to the U.S.
Notice advising that the email address for reporting of test results for Shiga toxin-producing E. coli verification laboratory testing of raw beef manufacturing trimmings in slaughter establishments eligible for export to the USA has been updated.

Web Bulletin: Update to Appendix 2 of D-96-15
Notification that directive D-96-15 concerning the phytosanitary requirements to prevent the spread of Japanese beetle, Popillia japonica, in Canada and the United States, has been modified to reflect recent changes to the regulated area in B.C.

Web Bulletin: Updated Information on Food Imports
Advistory that new information for foreign businesses preparing foods for export to Canada can now be found on the Food imports webpage.

Web Bulletin: Update to the List of Approved Foreign Exporters of Live or Raw Shellfish
Notification that the CFIA has updated the List of establishments approved to export live or raw molluscan shellfish from Ireland to Canada to add Atlantic Fish (Ireland) Ltd.

Canadian International Trade Tribunal


AP-2016-017R: RBP Imports Inc. v. President of the CBSA
On remand from the Federal Court, the CITT was tasked with considering whether the goods in issue (individually packaged components of aluminum railings) are properly classified under heading 76.10 as “aluminum plates, rods, profiles, tubes and the like, prepared for use in structures” as suggested by the court, or under heading 76.10 as aluminum plates, rods, profiles, tubes and the like, prepared for use in structures, as determined by the CBSA, or under heading 76.04 as aluminum bars, rods, and profiles as submitted by RBP Imports Inc. Based on analysis of the goods, dictionary definitions and relevant past jurisprudence, the CITT was unconvinced the goods qualified to for consideration as being prepared for use in a structure, thereby also ruling them out as prepared structural components, but leaving them meeting the requirements of 76.04, as claimed by RBC. The appeal was therefore allowed.

AP-2017-063: Rona Inc. v. President of the CBSA
The issue in this appeal is whether the locksets in issue are properly classified under tariff item 8301.40.90 as “padlocks and locks (key, combination or electrically operated) of base metal”, as determined by the CBSA, or whether they should be classified under tariff item 8302.41.91 as “other base metal mountings, fittings and similar articles suitable for doors and buildings”, as claimed by Rona. In a decision focused on classification methodology, nomenclature and qualities that impart “essential character” to a product, the appeal was dismissed on grounds that the one-piece locksets in issue are prima facie classifiable in heading No. 83.01 and that the two-piece locksets are classifiable likewise by virtue of having the essential character of a lock.

NQ-2018-004: Corrosion-Resistant Steel Sheet
Following an inquiry made pursuant to the provisions of SIMA, the CITT has determined that certain corrosion-resistant flat-rolled steel sheet products of carbon steel including products variously alloyed, originating in or exported from china, Taiwan, Chinese Taipei, India, and South Korea has not caused injury but is threatening to cause harm to domestic producers.

NQ-2018-003: Carbon Steel Welded Pipe
Notification that an inquiry by the CITT pursuant to SIMA found that the dumping of certain carbon steel welded pipe, commonly identified as standard pipe, originating in or exported from Pakistan, Philippines, Turkey (excluding those goods exported by Erbosan Erciyas Boru Sanayii ve Ticaret A.S.) and Vietnam has caused injury to the domestic industry.

RR-2018-008: Aluminum Extrusions
Notice of an expiry review by the CBSA pursuant to SIMA to determine whether the impending expiry of the longstanding order pertaining to the dumping and subsidizing of certain aluminum extrusions produced via a specified alloy extrusion process, originating in or exported from China, is likely to result in the continuation or resumption of dumping/subsidizing.

RR-2018-001: Carbon Steel Welded Pipe
Notice of an expiry review by the CBSA pursuant to SIMA to determine whether the impending expiry of the order pertaining to the dumping and subsidizing of certain carbon steel welded pipe, commonly identified as standard pipe, originating in or exported from China, is likely to result in the continuation or resumption of dumping/subsidizing.

LE-2018-008: Aluminum Extrusions
Notice pursuant to SIMA that a prior order concerning the dumping and subsidizing of certain aluminum alloy extrusions originating in or exported from China is scheduled to expire on March 16, 2019, unless the Tribunal has initiated an expiry review.

Department of Finance


SOR/2019-36: Mexico Steel Goods Remission Order
Remission on certain goods of Mexican origin imported into Canada with a valid permit on or after October 25, 2018 and before February 2, 2019.

SOR/2019-37: Order Amending the Import Control List
Order amending Section 82 of the Import Control List to add various steel goods covered by a new import surtax applicable to certain steel products imported in excess of quota restrictions.

Global Affairs Canada


Serial No. 936: Notice to Importers – Steel Goods (Item 82 of Canada’s Import Control List)
Information regarding the administrative procedures governing provisional safeguards, in the form of tariff rate quotas (TRQ), for certain steel goods that are listed in item 82 on the Import Control List (ICL). These goods of Mexican origin were added to the ICL to implement the Order Imposing a Surtax on the Importation of Certain Steel Goods (Surtax Order). The Surtax Order establishes provisional safeguards in the form of TRQs for steel goods matching the product descriptions specified in the column 2 of the Schedules to the Surtax Order, above which a 25% surtax is applicable.

Serial No. 935: Turkey and Turkey Products – CPTPP TRQ (Items 105-113 on Canada’s ICL)
Notice setting out the policies and practices pertaining to the administration of the CPTPP TRQ for turkey and turkey products; inviting applications for allocations under the TRQ for the next quota year; and explaining how to apply for import permits for imports of turkey and turkey products.

Serial No. 215: Apparel for Export to the European Union (Item 5209 on Canada’s ECL)
Notice setting out the federal government’s policies and practices regarding the administration of origin quotas for Canadian exports of certain apparel and explaining how to apply for export permits.

Natural Resources Canada


SOR/2019-24: Order Amending the Schedule to the Export and Import of Rough Diamonds Act
Amendment updating the list of participants in the Kimberley Process Certification Scheme, an internatinal agreement aimed at preventing so-called conflict diamonds from entering legitimate trade channels.

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