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Canada Customs & Other Regulatory Trade Updates: June-July 2018

Posted July 23, 2018


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.

Legal

Canada Border Services Agency


Customs Notice 18-08: Surtaxes Imposed on Certain Products Originating in the U.S.
Information on the introduction and application of the United States Surtax Order (Steel and Aluminum): SOR/2018-152 and the United States Surtax Order (Other Goods): SOR/2018-153, effective July 1, 2018, regarding surtax provisions on certain products originating in the U.S. as matching retaliation for the U.S. imposition of tariffs on imports of certain steel and aluminum products from Canada

Customs Notice 18-07: Amendments to the Departmental Consolidation of the Customs Tariff
An amended version of the Departmental Consolidation of the Customs Tariff, reflecting various changes effective July 1, 2018, has been published on the CBSA website.

Customs Notice 18-06: Fee Increase – RIV Program
Notification advising importers that vehicles required by Transport Canada to be registered with the Registrar of Imported Vehicles (RIV) that certain fees are being increased as of August 1, 2018.

Customs Notice 17-17: ECCC’s Import Restrictions on Salamanders
Environment and Climate Change Canada’s implementation of import restrictions on all species of salamanders entering Canada to prevent the introduction of the fungal pathogen Batrachochytrium salamandrivorans (Bsal) into Canada’s ecosystems and to protect native species.

GB 2018 RI: Certain Gypsum Board
Notice that CBSA has concluded a re-investigation to update the normal values and export prices respecting certain gypsum board originating in or exported from the U.S., imported into Canada for use or consumption in Western Canada. Specific normal values have been established for three U.S. exporters. In all other cases regarding the subject goods, the export price is to be advanced by 324.1%.

DWP 2017 IN: Certain Dry Wheat Pasta
Notification that CBSA, pursuant to SIMA, has made final determinations of dumping and subsidizing in respect of certain dry wheat pasta from Turkey.

GB2 2018 IN: Certain 54-inch Gypsum Board
Statutory notification pursuant to SIMA that the CBSA has initiated an investigation respecting the alleged dumping of certain 54-inch gypsum board from the U.S. imported into Canada for use or consumption in Western Canada.

SC 2018 ER: Certain Seamless Casing
Statutory notification pursuant to SIMA that an expiry review into a prior decision concerning the dumping and subsidizing of certain seamless casing originating in or exported from China determined that expiry of the order is likely to result in continuation or resumption of dumping and subsidization.

BSF266: Penalty Reinvestment Agreement (PRA) Application Form
Application form for the program allowing administrative monetary penalties incurred by an importer to be reinvested to correct a systematic problem that resulted in non-compliance.

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

RB1 2018 UP ICDAS/RB1 2018 UP COLAKOGLU: Concrete Reinforcing Bar
Statutory notification that the CBSA has initiated a 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. and Çolakoğlu Metalurji A.S.

Canadian Food Inspection Agency


Web Update 20180712: Addition to the List of Approved Exporters of Live or Raw Molluscan Shellfish From France to Canada
CFIA has added “Fret Internat Rapide Serv Tran” to the “List of establishments approved to export live or raw molluscan shellfish from France to Canada:

Web Update 20180627: Guide to Submitting Applications for Registration under the Fertilizers Act
CFIA has updated the “Guide to Submitting Applications for Registration under the Fertilizers Act” to include clarification on how the current safety fees are applied and a new section on administratiῶe upper tolerances for nutrient guarantees for fertilizers represented to contain micronutrients.

Web Update 20180629: Addition to List of Approved Exporters of Live or Raw Molluscan Shellfish from Ireland to Canada
CFIA has added “Ocean Well Limited” to the “List of establishments approved to export live or raw molluscan shellfish from Ireland to Canada.”

Notice to industry: Updates to Phytosanitary Import Requirements for Importing Micro-Organisms
Notice encouraging importers to consult first with the latest information listing potentially injurious organisms to avoid making applications for importing bacteria, fungi and yeast which do not require a permit under the plant protection regulations.

Industry Guidance: Importing and Handling Invertebrates and Micro-Organisms
Information concerning plant protection requirements that apply to the intentional import and handling of invertebrates and micro-organisms that have the potential to cause harm to plant health in Canada.

MHD 2018-16: Meat Hygiene Manual – Salmonella Control Options
Notification that CFIA is requiring industry to implement measures at the manufacturing/processing level to reduce Salmonella to below detectable amounts in frozen raw breaded chicken products that are packaged for retail sale.

MHD 2018-15: MHMOP Chapter 11 – Section 11.7.3 – Mexico
Changes to the Meat Hygiene Manual of Procedures to provide information on sealing of containers to facilitate return of Canadian meat products exported to Mexico.

MHD 2018-14: Updates to the Compliance Verification System
Updates to the procedures governing the Compliance Verification System (CVS) to be conducted in all federally registered meat and poultry establishments.

Memorandum 2018-04: Mandatory Bilingual Labelling of Veterinary Biologics
Notification for manufacturers and importers of veterinary biologics of a recent regulatory amendment requiring the labelling of every veterinary biologic sold, advertised or offered for sale in Canada to be bilingual English/French.

Memorandum 2018-03: Senecavirus A as a Potential Contaminant
Reminder that manufacturers and importers of veterinary biologics sold in Canada should take appropriate measures to ensure that their products are free from Senecavirus A (SVA) contamination.

Consultation: Proposed Changes to Beer Compositional Standards
The CFIA launched a 90-day public consultation closing on September 14, 2018 regarding proposed changes to beer compositional standards under the Food and Drug Regulations that would remove duplication of the standard for ale, stout, porter and malt liquor, make it clearer for brewers which ingredients could be used, and allow industry to be more innovative in product development, while maintaining the integrity of beer.

Canadian International Trade Tribunal


RR-2017-003: Steel Piling Pipe
Following an expiry review pursuant to SIMA, the Canadian International Trade Tribunal continues its previous determination in respect of certain carbon and alloy steel pipe piles originating in or exported from China after finding that if the order is rescinded it would likely cause material injury to domestic producers.

PI-2018-003: Gypsum Board
Statutory notification pursuant to SIMA that the CITT has commenced a preliminary injury inquiry to determine whether there is a reasonable indication that the alleged injurious dumping of certain gypsum board originating in or exported from the U.S., imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories is causing or is likely to cause injury to domestic producers.

AP-2017-026: Rona Inc. v. President of the Customs and Border Services Agency
The issue in this appeal are whether various models of propane and natural gas grills, commonly referred to as barbecues or barbecue grills are classified under heading 73.21 as “barbecues of iron or steel”, more specifically under tariff item No. 7321.11.90 as “other cooking appliances for gas fuel or for both gas and other fuels,” as determined by the CBSA, or under heading 84.79 as “other machines and mechanical appliances having individual functions not specified or included elsewhere in Chapter 84,” more specifically under tariff item 8479.89.90, as claimed by Rona. The appellant claimed that the igniter of the subject goods (push button or a rotating knob) which generates a spark using piezoelectricity should qualify the barbeques as “electrical” appliances under Chapter 84. The CITT rejected this argument as “absurd” (among other reasons) and accordingly dismissed the appeal.

AP-2017-031: C. Keay Investments Ltd. dba Ocean Trailer Rentals v. President of the CBSA
The issue in this appeal is whether certain models of highway trailer container chassis should be classified under tariff item 8716.39.30 as “other trailers and semi-trailers for road tractors or for motor vehicles for the transport of goods,” as determined by the CBSA, or under tariff item 8716.90.30 as “parts for use in the manufacture of trailers and semi-trailers,” as argued by Ocean Trailer. The CITT agreed that the goods were properly classified by the CBSA in accordance with the General Rules and furthermore have the “essential character” of a finished semi-trailer. The appeal was therefore dismissed.

RD-2016-002: Certain Hot-Rolled Carbon Steel Plate and High-Strength Low-Alloy Steel Plate
Statutory notification pursuant to SIMA that the CITT has initiated an interim review of findings made in 2014 concerning the dumping of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Brazil, Bulgaria, the Czech Republic, Denmark, Indonesia, Italy, Japan, Romania, and Ukraine.