Export of Certain Sugar-Containing Products

(EICB)

The purposes of this Notice are:

a) to inform exporters of the Minister’s policies and practices respecting the exportation of certain sugar-containing products;

b) to inform exporters of sugar-containing products to the United States of the procedures governing the allocation of the 59,250,000 kilograms of Canadian export quota and the requirements for accessing the 5,459,000 kilograms of global export quota;

c) to inform exporters of the procedures governing the issuance of export permits for the exportation of sugar-containing products to the United States.

This notice is available on the EICB website here.

CBSA Investigates the Dumping and Subsidizing of Certain Oil Country Tubular Goods from China

(CBSA)

The Canada Border Services Agency (CBSA) announced today that it is initiating investigations into the alleged injurious dumping and subsidizing of certain oil country tubular goods originating in or exported from the People’s Republic of China.

The investigations follow a complaint filed by Tenaris Canada of Calgary, Alberta; Evraz Inc. NA Canada of Regina, Saskatchewan; and Lakeside Steel Corporation of Welland, Ontario. The complainants allege that the dumping and subsidizing of these goods are harming Canadian production by causing the following: lost sales, price erosion, price suppression, lost revenues, reduced gross margins, reduced profitability, loss of market share, loss of employment, reduced returns on investment and underutilization of capacity. […]

The Canadian International Trade Tribunal will now begin a preliminary inquiry to determine whether the imports are harming Canadian producers and will issue a decision by October 23, 2009. While the Tribunal is examining the question of injury, the CBSA will investigate whether the imports are being dumped and/or subsidized, and will make a decision by November 23, 2009. Read more here.

Minister Day Opens Doors for Canadian Business and a New Trade Office in Brazil

(Minister of International Trade)

The Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, today [Friday] opened a new Canadian trade office in Recife, Brazil. This new office will build on the two countries’ growing trade and investment relationship and expand Canada’s economic presence in Brazil, Latin America’s largest and most diversified economy.

“In 2008, Canadian exports to Brazil totalled $2.6 billion, an increase of an impressive 70% over the year before,” said Minister Day. “A great number of opportunities exist for Canadian companies in Brazil’s northeast in sectors such as information and communication technologies, oil and gas, agricultural technologies, health industries and science and technology. This new trade office in Recife will be the central point of contact for Canadian firms and for Brazilian businesses seeking to establish new links in these key sectors—sectors in which Canadian companies have proven to be world leaders.”

The new office will take advantage of the Pernambuco state government’s stimulus efforts specifically devoted to revitalizing the region. The state aims to attract long-term foreign investment through fiscal incentives dedicated to the sweeping development of the region and, in particular, of the Port of Suape, one of South America’s main shipping hubs and home to a blend of commerce, industry and port services.

A new trade office will be operational in Porto Alegre in September, bringing the total number of Canadian trade offices in Brazil to six. These six offices (in Belo Horizonte, Brasília, Porto Alegre, Recife, Rio de Janeiro and São Paulo) are located in states that together contain more than half of Brazil’s total population.

More details about Minister Day’s visit to Brazil may be found at: Ministerial visit to Brazil and Ecuador.

New CBSA Guidelines on Post-Importation Payments and Management and Administration Fees

(McCarthy Tétrault – John W. Boscariol)

Memorandum D13-4-13: “Post-Importation Payments or Fees: Subsequent Proceeds” (the “Guidelines”) issued last month by the Canada Board of Services Agency (“CBSA”) may be seen as a “shot across the bow” from CBSA regarding the inclusion of administration, management and other post-importation payments in the value for duty of goods imported into Canada. CBSA’s views on the law in this area will be of particular significance for importers engaged in related party transactions for goods, services and technology.

Public Safety Minister Peter Van Loan Opens Douglas Border-Crossing Facility

(Canada NewsWire)

The Honourable Peter Van Loan, Minister of Public Safety, joined by Russ Hiebert, Member of Parliament for South Surrey-White Rock-Cloverdale, today officially opened the new port of entry facility in Douglas, British Columbia. This modern and environmentally friendly facility will provide improved service to the public crossing the border between Blaine, Washington, and Surrey, British Columbia, in time for the 2010 Olympic and Paralympic Winter Games.

“Our government is strengthening security at our border while facilitating the flow of goods and people,” said Minister Van Loan. “This new and modern facility demonstrates how we are meeting these two goals through investing in better infrastructure for our border facilities.”

The Douglas port of entry is one of the busiest ports of entry in Canada, processing more than 2 million vehicles and over 3 million travellers each year. The new facility has been designed to meet current and future operational needs, including the use of new technologies. It has increased the number of processing lanes from seven to ten, two of which can be used as dedicated NEXUS lanes for trusted travellers. This will translate into reduced transit times for travellers.

The construction included many innovative environmental and energy efficient strategies to minimize the environmental footprint of the new facility. The building design is being considered for the prestigious Leadership in Energy and Environmental Design (LEED) Gold certification.

D10-17-38 Administrative Policy – Tariff Classification of Marble Slabs and Granite Slabs

(CBSA)

The revision of this memorandum (PDF) is to reflect a clarification and amendment to the previous CBSA policy regarding the classification of marble and granite blocks or slabs, as a result of a Canadian International Trade Tribunal decision. Additional information has been added as it relates to the classification of crude stone slabs versus natural worked slabs, as well as commercial marble and granite versus geological marble and granite.

This memorandum outlines and explains the tariff classification of marble and granite blocks or slabs of tariff items 2515.12.00, 2516.12.10, 2516.12.90, 6802.21.00, 6802.23.00, 6802.91.00 and 6802.93.00.

D17-1-7, Customs Self Assessment Program for Importers

(CBSA)

Memorandum D17-1-7 (PDF) has been written to provide information and guidelines regarding the Customs Self Assessment (CSA) Program for Importers. It reflects amendments made to the Accounting of Imported Goods and Payment of Duties Regulations, and the Reporting of Imported Goods Regulations explaining the requirements for the CSA.

D3-1-7, Customs Self Assessment Program for Carriers

(CBSA)

Memorandum D3-1-7 (PDF) has been written to provide regulatory and procedural information about the Customs Self Assessment (CSA) Program for Carriers. It reflects amendments made to the Accounting of Imported Goods and Payment of Duties Regulations, Reporting of Imported Goods Regulations and Transportation of Goods Regulations explaining the requirements for the CSA program.

PM and President Ricardo Martinelli mark conclusion of Canada-Panama free trade negotiations

(International Trade Canada)

Canadian businesses and exporters will have greater access to the Panamanian market thanks to a new free trade agreement between Canada and Panama. Prime Minister Stephen Harper and Panama’s President Ricardo Martinelli today marked the conclusion of negotiations on a historic free trade deal, alongside new agreements on labour and environmental co-operation.

“There is no more powerful tool in our efforts to ensure a recovery from the global recession than encouraging free and open trade among nations,” said the Prime Minister. “Workers and businesses at home and abroad can count on Canada to be a consistent and clear advocate against protectionism and for investment and trade.”

The Canada-Panama free trade agreement will eliminate tariffs in a range of sectors, including for industrial, agricultural, forestry, fish and other seafood. It will expand market access for Canadian services providers in such areas as information and communication technology, energy and financial services. Read more here.

Certificate of Origin, Canada-Peru Free Trade Agreement

The Certificate of Origin for the Canada-Peru Free Trade Agreement is now available in English and Spanish.

Highway 402 Single Lane Mitigation Plan

(BWBC)

August 6, 2009 meeting with Blue Water Bridge Canada, U.S. Customs and Border Protection, Ontario Provincial Police Blue Water Bridge Canada (BWBC) together with its partners U.S. Customs and Border Protection (CBP) and the Ontario Provincial Police (OPP) met today (Thursday, August 6th) in an effort to work together to help mitigate, as much as possible any delays and safety issues as it relates to traffic approaching the Blue Water Bridge. Due to Sarnia City Council’s decision not to grant a noise exemption to the Ministry of Transportation for night work, the Highway will at times be single lane to allow construction of the Highway 402 Phase One Improvements.

“Blue Water Bridge Canada and the Michigan Department of Transportation are fortunate to have an excellent relationship with the local O.P.P., and U.S. Customs and Border Protection at the local, regional and national level” states Stan Korosec Vice President of Operations for Blue Water Bridge Canada. “Today we came up with a plan to help mitigate the type of delays experienced on Tuesday August 4th due to the single lane of traffic.

In addition to the constant communication that occurs daily between BWBC and CBP, new protocols were developed with respect to lane allocations and traffic management that we feel will help to ensure the safe and efficient flow of both cars and trucks at this vital trade link between Canada and the United States. Although these steps will assist in the safe and efficient flow of traffic, there will still be periods where extensive queues of traffic will exist.”

Minister Day Announces Canada-Peru Free Trade Agreement

(DFAIT)

The Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced that the Canada-Peru bilateral free trade agreement (FTA) came into effect on August 1, 2009.

“Ensuring free and open trade is vital to international efforts to halt the global recession,” said Minister Day. “Our economic prosperity depends on creating new opportunities through open markets, and this free trade agreement with Peru will provide such opportunities with one of the most dynamic economies in Latin America.”

Canadian producers will benefit from the elimination of tariffs on exports into Peru. Many agricultural exports such as wheat, barley, lentils and peas will receive immediate duty-free status. The FTA provides enhanced market access in service sectors that are of interest to Canada, including mining, energy and professional services. Canada’s banking, insurance and securities sector will also benefit from greater access to the Peruvian marketplace.

Parallel agreements on labour cooperation and on the environment also came into effect on August 1. The labour agreement commits Canada and Peru to respecting and enforcing international labour standards such as the elimination of child and forced labour, freedom of association and the right to bargain collectively. The environment agreement commits both countries to substantially increase environmental protection, to enforce their respective environmental laws, and to refrain from diminishing these laws or reducing their enforcement to encourage trade and investment.

This is the second trade agreement Canada has implemented this year: in June, Canada’s FTA with the European Free Trade Association (EFTA) came into force. Canada’s Economic Action Plan focuses on helping Canadian businesses and investors succeed in world markets. The ambitious trade agenda includes negotiations to improve market access to diverse countries in Europe, Asia, the Americas and the Middle East.

In 2008, two-way merchandise trade between Canada and Peru reached $2.8 billion. Peru is also an important investment partner for Canada, holding Canadian investment stock worth an estimated $2.35 billion at the end of 2008.

PIP-C-TPAT Harmonization Challenges

(CBSA-IE Canada)

CBSA’s Director, Program Division Writes to I.E.Canada…

Following is an extract from CBSA Program Director Claude St.Denis’ recent letter to I.E.Canada president Mary Anderson regarding the current problems implementing a seamless interface between the C-TPAT and PIP security programs:

We understand that industry’s original expectations were that mutual recognition would mean that a company would be able to apply to one and receive membership in both. We believe that this concept between Canada and the U.S. makes sense. Mutual recognition was, however, accomplished with the U.S. in accordance with the World Customs Organization’s SAFE Framework of Standards and the Authorized Economic Operator concept, and how the U.S.’s C-TPAT program wanted to proceed. Under this concept, programs that have reached mutual recognition remain separate and companies must continue to apply for membership into each separate program. Essentially, mutual recognition assures that both countries have similar minimum security requirements, similar site validations practices, and offer similar benefits.

That being said, we have a very strong working relationship with the U.S. Customs and Border Protection (CBP) and its Customs and Trade Partnership against Terrorist (C-TPAT) program. Consultations are ongoing to streamline and standardize the two programs. For example, PIP and C-TPAT are working together to develop a unified site validation report. This will provide a strong foundation upon which to harmonize C-TPAT and PIP.

As mentioned... a critical component of harmonization is the development and implementation of a web portal. To this end, the PIP program recently developed a high level business requirements document leveraging C-TPAT’s web portal requirements. All options were considered, including using C-TPAT’s web portal, and it was determined through this analysis that PIP would be required to develop its own web portal. The PIP program is currently seeking funding for the web portal. Once funding is allocated, industry will be consulted on the design of the portal. At this time, and given that we are seeking funding, we are unable to provide specifics in terms of strategies and timeframes surrounding harmonization.

We have taken note of your recommendation that we immediately harmonize the PIP/C-TPAT application forms. Our automated solution and application processing is dependant on our current application form format. Modifying it would require significant changes to our recently developed system for the PIP program’s modernization. Given the investment required to make these changes, and that harmonization with C-TPAT is potentially on the horizon, and the risks associated with system changes, the CBSA has deemed it preferable at this time to wait until we can build a web portal to develop a unified application. Furthermore, the current PIP/C-TPAT applications, although different in structure, have significant similarities.

Read the complete letter here (PDF).

Revised D Notices on CBSA Website

(CBSA)

The following are now available on the CBSA Web site:

D19-13-2: Importing and Exporting Firearms, Weapons and Devices
This memorandum outlines how Tariff Item 9898.00.00 of the Customs Tariff, the Criminal Code, the Firearms Act, and the Export and Import Permits Act relate to the importing and exporting of firearms, firearm parts, weapons, devices, and certain types of ammunition.

D3-1-1: Policy Respecting the Importation and Transportation of Goods

D3-1-5: International Commercial Transportation

D3-1-6: Canada Border Services Agency (CBSA) Post Audit System

D3-3-1: Forwarded and Consolidated Cargo – Import Movements

D3-4-2: Highway Cargo - Import Movements

D2-2-1: Settlers' Effects – Tariff Item No. 9807.00.00
Revisions made to this memorandum are the result of regulatory changes to the definition of a settler and procedural changes. We have included limitations in the importation of unmarked tobacco products for personal use, as per the Excise Act, 2001.

Interim D11-3-1: Marking of Imported Goods
This interim memorandum replaces only the Appendix G of Memorandum D11-3-1, Marking of Imported Goods, dated February 18, 1998.