Trade Updates

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

Posted June 11, 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.

Architectural columns, legal concept

Canada Border Services Agency

Memorandum D10-14-27: Tariff Classification of Front-mount Mowers
D-Memo updated to reflect changes made in the Customs Tariff (does not alter or affect any of the existing policies/procedures).

Memorandum D10-14-29: Tariff Classification of Gloves
Revisions made to clarify the tariff classification of gloves, reflecting changes in the Customs Tariff legislation and relevant jurisprudence.

Memorandum D11-4-33: Uniform Regulations – Chapter 4 of the CPFTA
Memo setting out the recently signed uniform regulations for the interpretation, application and administration of Article 402(4) of Chapter 4 of the Canada-Peru Free Trade Agreement.

PLA6 2020 ER: Certain Hot-Rolled Steel Plate
Statutory notice pursuant to the Special Import Measures Act (SIMA) advising that following an investigation, CBSA has determined that expiry of a 2015 order certain hot-rolled steel plate originating in or exported from Ukraine is likely to result in the continuation or resumption of dumping.

4214-43 AD/1404 & 4214-41 AD/1402: Certain OCTG & Hot-Rolled Carbon Steel Plate
Notification that following representations from the governments of Korea and Turkey, the CBSA has initiated a review of the final determinations of dumping with respect to certain oil country tubular goods from those two countries. The CBSA also initiated a review of the final determination of dumping with respect to Steel Plate 7 from Korea.

HP 2020 IN: Heavy Plate
Statutory notice pursuant to SIMA that CBSA has initiated an investigation following a complaint by Algoma Steel into the alleged injurious dumping of certain hot‑rolled carbon steel heavy plate and high‑strength low‑alloy steel heavy plate from Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Germany, South Korea, Malaysia, and Turkey.

OS 2019 RI: Certain Oil Country Tubular Goods & Certain Seamless Casing
Notice regarding the conclusion of the CBSA’s re-investigations of the normal values and export prices of certain oil country tubular goods and certain seamless casing originating in or exported from China, in addition to the normal values/export prices of OCTG from various other countries.

SML 2020 ER: Photovoltaic Modules and Laminates
Statutory notice pursuant to SIMA that CBSA has launched an expiry review concerning the dumping/subsidizing of certain photovoltaic modules and laminates originating in or exported from China. The review will determine whether the expiry of a 2015 finding by the CITT is likely to result in the continuation or resumption of dumping activity.

SIMA Monitoring Notice: Certain Carbon Steel Welded Pipe 2 (CSWP 2)
Listing of all non-confidential representations made by interested persons to date regarding the ongoing case of dumping (Chinese Taipei, India, Oman, South Korea, Thailand, and United Arab Emirates) and subsidizing (India) with respect to certain carbon steel welded pipe.

News Release: COVID-19 - Temporary Suspension of Service at Four Falls, NB
Announcement regarding the temporary closure of the Four Falls, New Brunswick port of entry.


Canadian Food Inspection Agency

Web Bulletin 20200610: Importation of Leafy Greens from Arizona, USA
Notification that effective mid-August 2020, the CFIA will limit entry into Canada of leafy green products from Arizona to those handled by shippers that are certified members of the Arizona Leafy Greens Marketing Agreement.

Notice to Industry: Import Restrictions for Live Whiteleg Shrimp from Hawaii
Notification that the CFIA is prohibiting imports for various end uses of live Litopenaeus vannamei (whiteleg shrimp) from Hawaii, owing to the detection of infectious hypodermal and haematopoietic necrosis virus (a reportable disease).

Web Bulletin 20200603: Updates to the Plant Protection Requirements for Importing Earthworms
Notification that CFIA is is updating its plant protection requirements for importing earthworms for commercial or personal purposes in order to enhance alignment of the agency’s requirements with plant health risks and international plant protection principles.

Notice to Seed Laboratories: Export Grain Analysis
Notification that the CFIA has expanded the Recognition of Export Grain Analysis by Authorized Laboratories (REGAL) program so that Canada’s grain exporters have more testing options to get their product to market faster.

Web Bulletin 20200526: Changes to the Certificate for export of Oysters to Japan
Notification that CFIA has revised the export Certificate of Origin and Hygiene for Live and Raw Oysters for human consumption. Japanese authorities now require the processing facility and quantity/weight to be included.

Web Bulletin 20200515 - Sending Scanned Copies of Phytosanitary Certificates to Foreign Authorities During COVID-19 Pandemic
Notification that on an interim basis, CFIA will send electronic scanned copies of phytosanitary certificates to those countries accepting them during the COVID-19 pandemic.

Web Bulletin 20200515: Importing Broth, Flavour and Extract of Meat Origin
Notification that the CFIA has published guidance for imports of broth, flavour, and extract of meat origin into Canada on the Food-specific import requirements web page.


Canadian International Trade Tribunal

LE-2020-002: Certain Whole Potatoes
Statutory notice pursuant to SIMA advising that the CITT has initiated a review into the expiry of a 2015 decision concerning the dumping of certain whole potatoes (excluding imports during May 1-July 31) for use/consumption in British Columbia, originating in or exported from the United States.

AP-2018-029: Atlantic Owl (PAS) Limited Partnership v. President of the CBSA
In a situation the CITT described as a “comedy of errors,” this complex appeal involving multiple issues concerns the tariff classification of two remotely operated vehicles (ROVs), which were on board a supply ship when it was imported into Canada. Atlantic Owl claimed that the ROVs should be classified under tariff item 8479.89.90 as “other machines and mechanical appliances having individual functions, not specified or included elsewhere in Chapter 84.” The CBSA maintained that classification of the vehicles could not be challenged as they were part of the vessel’s equipment and were not presented separately. Moreover, the agency contended that owing to the unique circumstances involved, the Tribunal did not have jurisdiction over the matter. Concurring with the CBSA, for this and other reasons, the Tribunal dismissed the appeal.

PI-2020-001: Heavy Steel Plate
Statutory notice pursuant to SIMA advising that the CITT has initiated a preliminary injury inquiry to determine whether the dumping of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate, originating in or exported from Chinese Taipei, Germany, South Korea, Malaysia, Turkey has or is likely to cause injury/retardation to domestic producers.

AP-2019-004: Cool King Refrigeration Ltd. v. President of the CBSA
The issue in appeal is whether various flavoured powders are properly classified in tariff item 1901.90.34 as “other food preparations of goods of heading 04.01 to 04.04” (not containing cocoa or containing < 5% by weight of cocoa calculated on a totally defatted basis, NESOI, not put up for retail sale,” as determined by the CBSA, or in tariff item 2106.90.98 as “ice cream powders, not elsewhere specified or included,” as claimed by Cool King. Based on the evidence provided regarding ingredients determinative of the subject good’s essential character, the appeal was allowed.

AP-2019-019: Tenneco Automotive Operating Co. Inc. v. President of the CBSA
Appeal concerning the treatment of blanket refund requests with respect to a motion brought by the CBSA asserting that such claims involved in an appeal made by Tenneco Automotive fell outside the jurisdiction of the CITT. In a scathing decision, the CITT rebuked the agency for its “fundamentally flawed” method used to establish the filing date of such requests. Describing the resulting situation Tenneco found itself in as “absurd” and likening it to “a Kafkaesque bureaucratic scenario,” the CITT denied the CBSA’s motion and ruled that the appellant’s case was properly before it. Furthermore, the Tribunal cautioned the CBSA against “imposing any additional limit on the statutory right of importers to file a refund request within four years of the date of the importation of the goods.”

AP-2018-063: TSC Stores L.P. v President of the CBSA
The issue in appeal is whether three models of pop-up gazebos are properly classified in heading 63.06 as tents, as determined by the CBSA, or in heading No. 73.08 as structures of steel, as claimed by TSC. Based on the evidence provided, the CITT found the goods to be prima facie classifiable in heading 63.06 as they meet the description of a “tent” in the relevant explanatory notes and in accordance with the CITT’s jurisprudence. As for whether the subject goods can be classified under 73.08 as structures of steel, the CITT determined that, for various reasons, the subject goods do not meet the terms of this heading. Accordingly, the appeal was dismissed.

RR-2020-001: Photovoltaic Modules and Laminates
Statutory notification pursuant to SIMA that the CITT has initiated an expiry review of its 2015 finding concerning the dumping and subsidizing of photovoltaic modules and laminates originating in or exported from China.

AP-2018-056: Toolway Industries v. President of the CBSA
The issue in this appeal is whether various models of door levers are properly classified under tariff item 9979.00.00 as “goods specifically designed to assist persons with disabilities in alleviating the effects of those disabilities,” as claimed by Toolway. Citing relevant sections of the Accessible Ontario for People with Disabilities Act, the appellant argued that the subject goods meet established accessibility standards and should, therefore, be classified as claimed. The Tribunal, however, was unpersuaded by the evidence presented, finding instead that the goods did not meet generally recognized accessibility standards or otherwise assist persons with disabilities in the way described by the tariff item claimed. Accordingly, the appeal was dismissed.


Global Affairs Canada

Message to Industry: Dairy Export Thresholds under CUSMA
Notification that the Canadian government has opened the application period for the two new CUSMA export thresholds, effective June 3, 2020: skim milk powder (HS 0402.10) and milk protein concentrate (0404.90); and infant formula (1901.10 and made of over 10% cow’s milk solids on a dry weight basis).

EICS Bulletin: Sugar-Containing Products Export Quota
Notification that due to exceptional circumstances, a portion of the sugar-containing products export quota to the U.S., established under the WTO agreement, is now available for utilization on a first-come, first-served basis until the available quantity is fully used or September 30, 2020, whichever occurs first.


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