Trade Compliance

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Canada Customs & Other Regulatory Trade Updates: October 2017

Posted October 27, 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 D17-5-1: Payment of Duties and Taxes on Imported Commercial Goods
CBSA’s policies and procedures for the payment of duties and taxes on imported commercial goods, replacing the payment policies and procedures previously outlined in Departmental Memoranda D17-1-5, D17-1-8, and D23-3-1. Click here for related Customs Notice 17-33.

Memorandum D11-5-15: CETA Rules of Origin
This new memorandum describes the Canada–European Union Comprehensive Economic and Trade Agreement (CETA) Rules of Origin.

Memorandum D11-4-4: Rules of Origin Respecting the GPT and LDCT
This memorandum has been updated to reflect the amendments to the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations.

SM2 2017 IN: Certain Silicon Metal
Statutory notification that pursuant to SIMA, the CBSA has terminated the dumping investigation respecting certain silicon metal exported to Canada from specified companies in Brazil, Norway and Thailand, while continuing the investigation of other silicon metal exports from Brazil, Laos, Malaysia, Thailand for dumping and/or subsidization.

CSWP2 2012 IN (AD1396/4214-36 & CV132/4218-34): Certain Carbon Steel Welded Pipe
Notification that CBSA has terminated the dumping investigation regarding certain carbon steel welded pipe exported to Canada by Chung Hung Steel Corporation and Shin Yang Steel Co. Ltd.; and revised the margins of dumping of certain carbon steel welded pipe originating in or exported from Taiwan has been determined for all other exporters.

Canadian Food Inspection Agency

TAHD-DSAT-IE-2008-6-5: Requirements for Captive Cervids Imported from the U.S. to Canada
Amendment to the chronic wasting disease testing requirements in respect to the importation of “captive cervids” (deer) from certified disease-free herds in the United States.

Meat Hygiene Directive 2017-59: Chapter 11 of the Meat Hygiene Manual of Procedures
Changes have been made to the Identification Marking and Application of Export Stickers provisions of the Meat e-Certification System respecting the export of fresh meat and meat products to the European Union.

Directive D-02-04: The Blueberry Certification Program
This directive sets 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. This directive also describes the Blueberry Certification Program (BCP), which is aimed at blueberry producers located in regulated areas of Canada and the United States that ship blueberry fruit to non-regulated areas of Canada.

Notice to Industry: Service Fee Cap Extended for Certain Animal Health Export Certificates
The Canadian Food Inspection Agency (CFIA) renewed until 2019 its existing $75 per unit cap on service fees for certain animal health export certificates that do not require testing and inspection by the CFIA.

Canadian International Trade Tribunal

AP-2016-050: Gentec International v. President of the CBSA
The issue in this appeal is whether the Ideal Case, Bubble Series silicone smartphone case should be classified under tariff item No. 3926.90.99 as an “other article of plastic”, as argued by Gentec, or whether it is properly classified under tariff item No. 4202.99.90 as an “other container”, as determined by the CBSA. Having found that the good in issue is properly classified under heading 42.02 (and as such expressly excluded by stipulation of a Legal Note to Chapter 39), the Tribunal dismissed the appeal.

AP-2016-031: Rona Inc. v. President of the CBSA
The issue in this appeal is whether two categories of decorative lights (luminaires) are properly classified under tariff item No. 9405.40.90 as other electric lamps and lighting fittings, as determined by the CBSA, or should be classified under tariff item No. 8543.70.00 as other electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85, as submitted by Rona. The Tribunal dismissed the appeal having found that the subject goods are not lamps or lighting fittings of Chapter 85 and were properly classified as maintained by the CBSA.

AP-2016-026: Canac Marquis Grenier Ltée v. President of the CBSA
The issue in this appeal is whether the subject gas patio heaters built for use in open, outdoor spaces are properly classified under tariff item No. 7321.81.00 or should be classified under tariff item No. 8416.20.00 (furnace burners), or alternatively, tariff item No. 8479.89.90 (other machinery). The Tribunal determined that, in accordance with Rule 6 of the General Rules, the goods in issue are properly classified in subheading No. 7321.81 as other appliances for gas fuel or for both gas and other fuels. The appeal was therefore dismissed.

Global Affairs Canada

News Release: Canada Repeals Facilitation Payments Exception in CFPOA
Global Affairs Canada has announced that facilitation payments (aka “grease payments”), which are often made to foreign government officials to speed up or facilitate routine transactions such as permits, will now be covered by the bribery offence in the Corruption of Foreign Public Officials Act.

News Release: Canada Adopts Justice for Victims of Corrupt Foreign Officials Act
This new law enables Canada to take further action to respond to cases of human rights violations and significant acts of corruption anywhere in the world. Canada will have the ability to impose asset freezes and travel bans on those responsible for these reprehensible acts or their accomplices. Amendments to the Special Economic Measures Act allow Canada to impose economic sanctions when gross and systematic violations of human rights are happening in a foreign state, or for acts of significant corruption by foreign public officials or their associates.

Health Canada

P.C. 2017-1226: Amendments to the Ozone-depleting Substances and Halocarbon Alternatives Regulations
The Regulations Amending the Ozone-depleting Substances and Halocarbon Alternatives Regulations are intended to control hydrofluorocarbons (HFCs) through the phase-down of consumption of bulk HFCs complemented by controls on specific products containing or designed to contain HFCs, including refrigeration and air-conditioning equipment, foams and aerosols.

P.C. 2017-1230: Amendments to the Pest Control Products Regulations
The amendment clarifies the intent of the exemption by clearly defining the criteria required for the personal importation of unregistered pest control products into Canada by travellers. The amendment also modernizes the exemption to ensure that it is reflective of the current marketplace and doesn’t result in the regulatory regime being undermined (e.g. by circumventing the quantity limits set for the exemption).

Canada Gazette – Vol. 151, No. 42: Amendments to the Hazardous Products Regulations
Amendment of the HPR to provide industry with the option to use prescribed concentration ranges rather than actual chemical ingredient concentrations or concentration ranges on Safety data sheets for hazardous workplace products in Canada rather than requiring confidential business information (CBI) applications under the Hazardous Materials Information Review Act.