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

Posted April 29, 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


CT 2018 ER: Copper Tube
Notice that the CBSA has concluded an expiry review investigation pursuant to SIMA concerning the dumping of certain copper tube originating in or exported from Brazil, China, Greece, Mexico and South Korea, and the subsidizing of those goods originating in or exported from China. The CBSA found that expiry of the CITT's 2013 finding is is likely to result in the continuation or resumption of dumping of such goods and also a resumption of subsidization in the case of Chinese exports.

Customs Notice 18-17: Provisional Safeguard Measures Imposed on the Importation of Certain Steel Goods
Revised to reflect the recommendations of the CITT following its recent inquiry into safeguard measures on seven categories of steel goods.

Memorandum D2-5-13: International to Domestic Connections Process
Outline of CBSA requirements and procedures for Canadian Airport Authorities that operate the International to Domestic Connections Process applicable to travellers transiting from an international to domestic flight as part of a single continuous trip.

CPF 2019 RI: Certain Copper Pipe Fittings
Notification that owing to “complexity and novelty” of the issues involved the CBSA has extended its re-investigation to update the normal values and export prices respecting certain copper pipe fittings from the United States, South Korea and China and the amounts of subsidy of certain copper pipe fittings from China.

FAS 2019 RI: Certain Carbon Steel Fasteners
Notification that the CBSA has initiated a re-investigation to update the normal values and export prices in accordance with SIMA, respecting certain carbon steel fasteners originating in or exported from China, Taiwan, Chinese Taipei, and the amount of subsidy respecting the subject goods when exported from China.

OCTG2 2018 UP 02: Oil Country Tubular Goods
Notification that the CBSA has concluded a normal value review to update the normal values applicable to certain oil country tubular goods exported to Canada from Indonesia by PT Citra Tubindo Tbk.

TC 2018 ER: Certain Thermoelectric Containers
Notification that the CBSA has completed an expiry review investigation which determined that expiry of a prior finding by the CITT is likely to result in the continuation or resumption of dumping and subsidizing of certain thermoelectric containers originating in or exported from China.

NIT 2018 IN: Certain Nitisinone Capsules
Notification that pursuant to SIMA, the CBSA has made a final determination of dumping in respect of certain nitisinone capsules from Sweden.

SM 2018 ER: Certain Silicon Metal
Notification that the CBSA has completed an expiry review investigation which determined that expiry of a prior finding by the CITT is likely to result in the continuation or resumption of dumping and subsidizing of certain silicon metal originating in or exported from China.

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

Canadian Food Inspection Agency

 

D-12-01: Phytosanitary Requirements to Prevent the Introduction of Plants Regulated as Pests
CFIA directive amended to clarify specific import requirements and treatments and to update the list of plants currently regulated as pests in Canada.

Notice to Industry: Changes to Import Requirements for Unprocessed Grains and Oilseeds
Advisory concerning various changes which recently came into effect for imports of unprocessed grains and oilseeds, as well as associated meals destined for use in livestock feed, from specified countries of concern with respect to African swine fever.

Notice to industry: Testing and certification for the Integrated Import Declaration
Advisory that CFIA offers enhanced testing services for regulated clients who are certified to transmit IID declarations, but require further testing to ensure that their system is functioning properly.

Notice to Industry: Changes to Canada’s Import Requirements for Live Koi Carp
Advisory that starting April 15, 2019, all imports of live Koi carp (Cyprinus carpio koi) from the U.S. for aquarium and outdoor holding unit end uses will require both a valid CFIA import permit and an appropriate USDA-APHIS export certificate.

D-02-04: The Blueberry Certification Program
Directive setting out the phytosanitary requirements for the domestic movement of commodities regulated for blueberry maggot (Rhagoletis mendax) in order to prevent the introduction and/or spread of this pest into pest free areas of Canada.

Canadian International Trade Tribunal


NQ-2018-005: Nitisinone Capsules
Following an inquiry into the matter pursuant to SIMA, the CITT finds that the dumping which had previously been determined by the CBSA has not caused injury the domestic industry, nor is it threatening to do so in future.

AP-2017-022: Tri-Ed Distribution Inc. v President of CBSA
The issue in this appeal is whether 12 V AH lead-sealed batteries classified under tariff 8507.20.90 are also eligible for duty relief under 9948.00.00 as articles for use in either automatic data processing machines (ADP) or process control apparatus (PCA). The appellant argued that the security system control panels for which the subject goods are used to provide back-up power should be considered as both “computers” and PCA. The CBSA submitted that the batteries are not “for use in” the host goods, which it contended are neither ADP nor PCA. Based on the evidence and arguments presented, the CITT sided with the CBSA’s determination about the disqualifying nature of the host goods for various reasons and therefore dismissed the appeal.

AP-2017-047: Tri-Pac Inc. v. President of the CBSA
The issue in this appeal is whether the subject goods (flexible, cube-shaped textile bags designed to hold 1 000 kilograms of “shotcrete” otherwise classified under 6305.32.00) are entitled to duty-free treatment under tariff item 9908.00.00 as articles for use in certain mining vehicles or equipment. Despite arguing for a broader interpretation of various terminology associated with the goods to which 9908.00.00 pertains, after reviewing the evidence presented, the CITT found that Tri-Pac had failed to demonstrate that the spraying or shotcrete machines with which the goods are allegedly used could qualify as vehicles of headings No. 87.03 or 87.04 and therefore did not meet any of the required conditions set out in 9908.00.00. The appeal was accordingly dismissed.

GC-2018-001: Safeguard Inquiry into the Importation of Certain Steel Goods
Results of an inquiry by the CITT at the direction of the federal government (Finance) to determine whether imports of several types of steel goods (heavy plate, concrete reinforcing bar, energy tubular products, hot-rolled sheet, pre-painted steel, stainless steel wire, and wire rod) originating in or exported from various countries are causing serious injury to domestic producers or could pose such a threat to them in future.

RR-2018-001: Carbon Steel Welded Pipe
Order made by the CITT pursuant to SIMA regarding an expiry review of a prior order from 2013 concerning the dumping and subsidizing of certain carbon steel welded pipe originating in or exported from China, which determined there exist sufficient reasons to continue, without amendment, the original finding dating from 2008.

LE-2018-009: Hot-Rolled Carbon Steel Plate
Notice pursuant to SIMA that a prior order concerning the dumping and subsidizing of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Brazil, Denmark, Indonesia, Italy, Japan, and South Korea is scheduled to expire on May 19, 2019, unless the Tribunal has initiated an expiry review.

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