Trade Compliance

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Canada Customs & Other Regulatory Trade Updates: Nov.-December 2017

Posted December 05, 2017

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

Memorandum D11-4-13: Rules of Origin for Casual Goods Under Free Trade Agreements
Technical revision to reflect the implementation of the Canada-Ukraine Free Trade Agreement and the Canada-European Union Comprehensive Economic and Trade Agreement.

Memorandum D10-15-26: Goods to be employed in a Noxious Atmosphere
This memorandum has been updated to clarify the definition of “noxious atmosphere” as employed in the Customs Tariff.

Customs Notice 17-36: CFIA-Ordered Treatment for Transiting Goods Re-Entering Canada
Notification that the CBSA will now allow goods re-entering Canada after being refused entry by the U.S. for plant or animal health concerns to proceed to a non-bonded location for treatment.

Customs Notice 17-35: Inclusion of Certain OGD Regulated Goods in the CLVS Program
Notification that the CBSA has agreed to allow casual importations of cosmetics to be processed through the CLVS Program providing the importation is for personal use only and not for resale in Canada.

PETR 2017 IN: Certain Polyethylene Terephthalate Resin
Statutory notice pursuant to SIMA that the CBSA has made preliminary determinations of dumping and subsidizing with respect to certain PET Resin originating in or exported from China, India, Oman and Pakistan.

Canadian International Trade Tribunal

Appeal AP-2016-038: Alliance Mercantile Inc. v. President of the CBSA
The issue in this appeal is whether three styles of boot bottoms are properly classified under 6401.10.19 as “other waterproof footwear incorporating a metal toe cap” as determined by the CBSA, or should be classified under 6406.90.90 as “other parts of footwear” as submitted by the appellant. Given the nature and the extent of the work done to the goods after importation, the Tribunal determined that the subject goods lack the essential character of the finished footwear and therefore the appeal was allowed.

Appeal AP-2016-020: Sonos Inc. v. President of the CBSA
The issue in this appeal is whether the wireless speaker systems in question are properly classified under 8518.22.00 as “multiple loudspeakers, mounted in the same enclosure,” as determined by the CBSA, or should be classified under 8517.62.00 as “machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus,” as claimed by the appellant. The CITT determined that although the goods were properly classified as loudspeakers, given their use with ADP machines (computers) the goods should therefore be classified under 9948.00.00. Accordingly, the appeal was allowed in part.

Inquiry No. NQ-2017-003: Polyethylene Terephthalate Resin
Statutory notice that the CBSA has initiated an inquirty to determine whether the dumping and subsidizing of PET resin originating in or exported from China, India, Oman and Pakistan have caused injury or retardation or are threatening to cause injury to domestic industry.

Expiry No. LE-2017-005: Seamless Carbon or Alloy Steel Oil and Gas Well Casing
Statutory notice pursuant to SIMA of an expiry review concerning the dumping and subsidizing of seamless carbon or alloy steel oil and gas well casing originating in or exported from China in accordance with an order made on March 11, 2013.

Canadian Food Inspection Agency

Web Notice 20171116: New Roll-Out of CFIA Food Export Web Pages – All Food Commodities
Announcement that the CFIA is revising the food export website that will allow all the foreign country requirements will be in a single web page, including information related to export establishment lists, and any applicable special commodity or country considerations.

MHD 2017-62: Chapter 11 of the Meat Hygiene Manual of Procedures – Mexico
Changes made to Section providing information on sealing of containers to facilitate the return of Canadian meat products exported to Mexico.

MHD 2017-61: Chapter 11 of the Meat Hygiene Manual of Procedures – China
Update of export requirements regarding the export of Bone-in Beef to China in section

Health Canada

News Release: New Rules to Reduce Risk of Antimicrobial Resistance
Under new rules that are now in effect, antimicrobial drugs that are important to human health and used in food-producing animals may no longer be imported into Canada under the Own Use Importation policy. Going forward, only drugs that Health Canada has determined do not pose a risk to human health or food safety may be imported by livestock owners – and only in limited quantities.

Public Services and Procurement Canada

News Release: Government of Canada Takes Step Towards Ethical Procurement of Apparel
The government is seeking input from apparel suppliers through a Request for Information to develop guidelines and a collective approach for the ethical procurement of apparel, which includes a proposal that suppliers selling apparel to the government will self certify that they and their direct Canadian and foreign suppliers comply with local laws and international standards on labour and human rights.