Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



The Canada Border Servcies Agency Are "Enforcers" - So Why Do Importers Answer Questions Without Thinking?

Why do importers feel the need to immediately pick up telephone and call the Canada Border Services Agency (CBSA) when they hear from their customs broker that the CBSA is asking questions about particular import transactions?...

Argument Used by Canada Border Services Officers When They Get Into Trouble

On Friday May, 6, 2011, I came across an interesting article in the Globe and Mail written by Paul Waldie entitled "Border guard's suspended after putting gun in filing cabinet". For a copy of the article, please go to the...

Trade Symposium – Interagency Cooperation

Al Gina, the new Customs and Border Protection Assistant Commissioner, International Trade, moderated the session at the CBP Trade Symposium. He talked about the Border Interagency Cooperation Council. It’s initial meeting last...

Intellectual property pirates to face new border controls

Over time we have provided various updates on the rights of holders of intellectual property to seize goods at the border arising out of alleged breaches of copyright or trademark legislation.  Those holding intellectual...

The door is not closed on container detention fee issues

The issue of container detention fees remains a real problem for freight forwarders, customs brokers and importers.  It has certainly been the subject of many presentations and questions at CBFCA State Conventions and Member...

New Bills to have an impact on industry

Industry needs to be aware of the progress of two new Bills introduced into Federal Parliament on 23 March 2011 which will have an impact on their operations.

The first Bill is the Customs Amendment (Export Controls and Other...

The rights and liabilities of the unknowing Consignee

Introduction

 

There has been significant debate and discussion about the right and liabilities of parties to shipping contracts for container detention or damage charges.  In the majority of cases, the parties involved are...

New US food controls create additional issues for Australian food exporters

Introduction

 

The level of food safety regulation in the United States ("US") has risen over recent years as US governments have sought to protect the safety of food consumed in the United States.  According to the US Food...

U.S. Government Reorganization for Trade Agencies

On March 11, 2011, President Obama signed a Presidential Memorandum to establish the Government Reform for Competitiveness and Innovation Initiative, which is designed to provide input to the President and Congress during the...

Woncity Bags an Antidumping Indictment

Anyone who deals regularly with U.S. Customs and Border Protection knows that collection of antidumping duty is a high priority for the agency. Now comes word of the arrest of Jin Qing Huang, who owns Baltimore-based Woncity Inc....

Customs proposing new regulation of exports, depots and warehouses

By way of Australian Customs and Border Protection Notice No. 2011/04 ("Notice") and subsequent announcement on its website, the Australian Customs and Border Protection Service ("Customs") sought feedback from industry on the...

Sad SAC's low-value imports and the future of Australian retailing

Introduction

On 18 December 2010, the Assistant Treasurer, the Minister for Broadband, Communications and the Digital Economy, the Minister for Home Affairs & Justice and the Minister for Small Business issued a joint media...

Australia in an Anti Dumping quandry

The article from "The Australian" magazine at the link below was penned by a senior Australian Trade Union...

New Rules in Canada for Stopping Goods Contaminated with Foreign Soil

On January 28, 2011, the Canada Border Services Agency (CBSA) released Customs Notice CN-11-001 "Implementation of the Strengthening of the Canada Border Services Agency's Procedures Respecting the Importation of Goods...

Canada Border Services Agency Inspects Valentines Day Flowers Imports for Hidden "Gifts"

This time every year, millions of flowers are imported into Canada from South America (for example, Ecuador and Colombia). Just like their American counterparts, in the weeks leading up to Valentines Day, the Canada Border...

Is There a Canadian Equivalent to Section 337 of the U.S. Tariff Act?

The answer is no and maybe. While Canada does not have a trade remedy exactly like Section 337 of the Tariff Act, Canada does have a mechanism that may be used to obtain a court order against foreign goods that infringe a...