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Canada Customs & Other Regulatory Trade Updates: Nov. – December 2019

Posted December 17, 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

Memorandum D19-6-3: Importation of Energy-using Products
revised to reflect Amendments 15 and 16 to the Energy Efficiency Regulations, 2016, published in Canada Gazette II on June 3, 2019, that, as of December 12, 2019, add import reporting requirements for the following new products: electric furnaces, heat and energy-recovery ventilators, commercial gas boilers, commercial oil boilers, commercial electric water heaters, commercial gas-fired storage water heaters, commercial oil-fired water heaters, household and commercial gas-fired instantaneous water heaters, miscellaneous refrigeration products, portable air conditioners, and clean water pumps.

Memorandum D3-6-6: Rail Pre-arrival and Reporting Requirements
Extensively revised to: Update the definitions; add details under carrier obligations, with regards to examination; update information on empty and in-transit conveyances covered under Customs Notice 15-030; remove information on some unique processes, which have now been moved to Memorandum D3-1-1; update information error messages; update instructions for presentation of form BSF673; and add section on direct delivery of consolidated freight.

Memorandum D19-7-4: Importation of Engines, Vehicles, Vessels and Machines
Updated to replace outdated hyperlinks and to include a new toll-free number instead of the  contact number previously shown in paragraph 25.

Memorandum D3-1-1: Policy Respecting the Importation and Transportation of Goods
Extensively revised to reflect additions and updates to the Definitions section, clarify liabilities for carriers under Carrier Requirements section, etc. 

Customs Notice 19-24: Cannabis – Edibles, Extracts and Topicals Customs Excise Duty Procedures
Notification informing importers of the amounts of excise duty and any additional duty to be imposed on edible cannabis, cannabis extracts or cannabis topical products, as per legislative changes to the Excise Act, 2001, when importing these goods into Canada for medical or scientific purposes.

Customs Notice 19-23: FAST Notices for Trusted Trader Programs
Notification advising that on December 9th, 2019, the CBSA amended the eligibility criteria for Free and Secure Trade (FAST) Membership.

Customs Notice 19-22: Canadian Automated Export Declaration Program 2020 Software Release
Notice to inform exporters and customs service providers that a 2020 version of the CAED program software will be available for download on December 9, 2019 (incorporating revisions to the “Places of Exit” field and changes to export reporting information) and that the CAED program will be retired on June 30, 2020 and replaced by the CBSA Canadian Export Reporting System.

RB1 2019 ER: Certain Concrete Reinforcing Bar
Statutory notice that the CBSA has initiated an expiry review investigation pursuant to SIMA to determine whether the expiry of the CITT's 2015 finding is likely to result in the continuation or resumption of dumping and/or subsidizing of certain hot‑rolled deformed steel concrete reinforcing bar originating or exported from China, South Korea and Turkey. 

DWP 2019 RI: Certain Dry Wheat Pasta
Pursuant to the ongoing enforcement of the CITT’s 2018 finding of material injury, notification that the CBSA has initiated a re-investigation, in accordance with SIMA, of the normal values, export prices and amounts of subsidy respecting certain dry wheat pasta originating in or exported from Turkey.

News Release: CBSA Commercial Office Moving to Saskatoon Airport
Announcement that the CBSA has relocated its Saskatoon Commercial office from 2505 Airport Road to the main terminal building of the Saskatoon John G. Diefenbaker International Airport, located at 2625 Airport Drive. 

FAS 2019 RI: Certain Carbon Steel Fasteners
Notification that the CBSA has concluded a re-investigation to update the normal values and export prices respecting certain carbon steel fasteners originating in or exported from the China, Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), and the amounts of subsidy respecting certain carbon steel fasteners originating in or exported from China.

Canadian Food Inspection Agency

Web Notice 20191206: USA – Export Requirements for Fish and Seafood (Updated)
Bulletin advising of an important update regarding establishments conducting wet storage activities. 

Web Notice 20191129: Update of the European Union certificates for Human Consumption
Bulletin advising that the CFIA has updated EU model official certificates for the following goods: fishery products; live bivalve molluscs, echinoderms, tunicates and marine gastropods; gelatine and collagen intended for human consumption; raw materials for the production of gelatine and collagen intended for human consumption; treated raw materials for the production of gelatine and collagen intended for human consumption; and, honey and other apiculture products intended for human consumption. 

Web Notice 20191209: Amendment re EU Certificate Updates
Bulletin providing clarification concerning when the different versions of the certificates can be issued and when they will be accepted by the importing country.

Notice 2019-11-26: Import Restrictions for Live Litopenaeus vannamei (Whiteleg Shrimp) From California Now in Effect
Based on the detection of infectious hypodermal and haematopoietic necrosis virus in Litopenaeus vannamei in California Florida and Texas, imports of whiteleg shrimp from these states is prohibited. 

Notice 2019-11-22: Actions in Response to Food Safety Alerts Concerning E. coli O157:H7 in Romaine Lettuce 
Notification outlining the Government of Canada's actions in regards to an outbreak of E. coli O157:H7 in romaine lettuce based on information shared by U.S. federal government agencies with respect to the investigation.

RMD-18-02: Pest Risk Management Document – Deregulation of Cydia latiferreana (Filbertworm)
Advisory Risk Management Document to record risk management considerations and to inform stakeholders of the CFIA's decision to deregulate Cydia latiferreana (Walsingham).

Notice 2019-10-29: Completing the Official Meat Inspection Certificate Forms – Meat Products From the U.S. 
Bulletin advising of clarifications regarding name and address of the holder of the Safe Food for Canadians licence to import which must be entered in box 2 of the Official Meat Inspection Certificate forms.

Canadian International Trade Tribunal

AP-2018-059: Imagination Hobby & Collection Inc. v. President of the CBSA
The issue in this appeal is whether seven models of figurines are properly classified under 3926.40.10 or 3926.40.90 as statuettes or other ornamental articles of plastics as determined by the CBSA, or under 9503.00.90 as other dolls, toys, “scale” models and similar recreational models, working or not, as claimed by the appellant. The CITT allowed the appeal after having determined that based on their essential nature and intended use, the subject goods qualify as “toys for the amusement of adults” and should therefore be classified as such under tariff item No. 9503.00.90.

RR-2019-003: Concrete Reinforcing Bar
Statutory notice pursuant to SIMA that the CITT will initiate an expiry review of its 2015 finding concerning the dumping of certain hot‑rolled deformed steel concrete reinforcing bar originating or exported from China, South Korea and Turkey, and the subsidizing of the aforementioned goods originating or exported from China. 

AP-2018-051: B. Erickson Manufacturing Ltd. v. President of the CBSA
The issue in this appeal is whether “ratchet tie-downs consisting of a textile strap, plastic-coated steel hooks and a ratchet handle” are properly classified in accordance with precedent under 8205.70.90 as other vices, clamps and the like, as determined by the CBSA, or should be classified under 8479.89.90 as other machines and mechanical appliances having individual functions, not specified or included elsewhere in Chapter 84, as claimed by the appellant. Owing to the appellant having not discharged its burden of proving that the goods in issue cannot be classified under heading No. 82.05, the Tribunal therefore ruled that they are properly classified as such (more specifically, under subheading No. 8205.70) and dismissed the appeal.

PI‑2019-001: Sucker Rods
Determination by the CITT made pursuant to SIMA which found in its prelininary injury inquiry that the dumping of certain steel sucker rods originating in or exported from the Argentina, Brazil and Mexico has caused injury or retardation or is threatening to cause harm to domestic producers.

AP-2018-017 & AP-2018-018: The Candy Spot and GPAE Trading Corp. v. President of the CBSA
The issue in this appeal is whether various non-alcoholic beverages qualify as originating goods under NAFTA. The appeal was allowed after the CITT found the goods in issue adequately satisfied in this instance the two conditions set out in subsection 24(1) of the Customs Tariff and were therefore entitled to preferential tariff treatment under NAFTA. 

Statistics Canada 

CAED: Canadian Automated Export Declaration 
Notification that the CAED for 2020 is now available for download. This is expected to be replaced once the new Canadian Export Reporting System (CERS) is implemented later next year.  

ISSN-1911-8678: Canadian Export Classification 2020
Latest version of the Canadian Export Classification, prepared by Statistics Canada, which allows Canada to meet its obligations, under the HS Convention, with respect to export trade statistics.

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