Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson

Verifications Under NAFTA Article 506 Are All The Rage

Recently, I have been informed of two NAFTA verifications being conducted by the Canadian Government in order to verify the correctness of NAFTA certificates of origin provided by U.S. companies and one NAFTA verification being...

Canada STILL Has Not Ratified ICSID

It is embarrassing - Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) on December 15, 2006 and passed legislation granting...

Get Audit Organized! Meticulously Detail Documents Provided to Auditors

Keeping track of the documents provided to any auditor (income tax, sales tax, customs duties, antidumping duties, etc.) is very important. I cannot say how many times I have come in after an auditor's visit to a new client and...

Thai Cigarette WTO Report Will Provide Answers About Related Party Transaction Value

There is a World Trade Organization (WTO) dispute that has been flying under world radar because it is between two developing countries, the Philippines and Thailand and a "sin product", being cigarettes. "Thailand — Customs and...

Allegations of Chinese AD Duty Circumvention in the United States

Sandler Travis is reporting that two separate U.S.-based coalitions of U.S. steel industry companies are alleging that antidumping duty orders on certain steel goods from China are being circumvented. These screams have been made...

Foreign Companies Doing Business In China Must Watch Rio Tinto Employees Prosecution

I have told many clients, the laws of China are different than the laws of their home jurisdiction (e.g., Canada). What may not get you into trouble in Canada, may get you into trouble in China. That being said, criminal laws...

Vietnam Files First WTO Dispute Against US Zeroing Practices

On February 1, 2010, Vietnam filed its first dispute with the World Trade Organization (WTO) Dispute Settlement Body (DSB) in respect of United States' antidumping measures against certain frozen and canned warmwater shrimp....

China Files Case at WTO Against EU Footwear AD Duties With Support of EU Footwear Association

On February 4, 2010 China filed a Request for Consultations with the World Trade Organization (WTO) Dispute Settlement Body (DSB) regarding the continuation of 16% antidumping duties on footwear by the European Union. This is not...

WTO Agrees to Establish Panel in the United States: Tyres Safeguard Case

On January 19, 2010, the World Trade Organization (WTO) agreed to establish a DSB panel to hear the dispute United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (DS399) filed by...

The American Meat Institute Says Not COOL & Supports Canada & Mexico in the COOL Trade Dispute

Food Safety News reports that the American Meat Institute (AMI) is supporting Canada and Mexico in the dispute concerning the United States 2008 Farm Bill country of origin labelling (COOL) rules. The report indicates that the...

2010 – WHAT MAY BE IN STORE?

Originally printed in the Journal of Commerce -

As the new year begins, many trade professionals wonder what is 2010 likely to hold? One can never be sure how events will unfold, but from what we know right now, it will be...

Canada Border Services Agency Creates New Program for Tariff Classification Rulings

On November 26, 2009, the Canada Border Services Agency (CBSA) announced that tariff classification rulings issued in response to a request by an importer, non-resident exporter or producer, or a person authorized to account for...

Canada's CITT Dismisses Procurement Complaint re Services as Below Threshholds

On January 5, 2010, the Canadian International Trade Tribunal made a decision to not initiate a inquiry into a procurement bid challenge filed at A-1 Cleaners against the Department of National Defence for cleaning and janitorial...

United States Government Accountability Office Reports Issues with Softwood Lumber Act of 2008 Data Collection Procedures

On December 18, 2009, the United States Government Accountability Office (GAO) issued a report entitled "SOFTWOOD LUMBER ACT OF 2008: Customs and Border Protection Established Required Procedures, but Agencies Report Little...

Taiwan Re-Institutes Partial Ban on U.S. Beef Imports

On January 5, 2010, Taiwan's Parliament unanimously passed an amendment to the food health law banning imports of some imports of U.S. beef (e.g., organs, ground beef and other high-risk items).  This step is merely the...

Canada Joins WTO Dispute Against China Re Export Restraints Re Raw Materials

On January 5, 2010, Canada's Minister of International Trade announced that Canada has officially joined the WTO dispute filed by the EU, the US and Mexico against China in respect of export restraints in respect of raw...