Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Customs

Lately, a number of clients have called with incident reports involving either the Canada Border Services Agency (CBSA) or U.S. Customs and Border Protection (USCBP) confiscating NEXUS passes from business travelers because...

Canada Border Services Agency Has Difficulties With Cross-Border Private Sales

When a Canadian resident purchases goods outside Canada, they must declare the goods when returning to Canada.  When the individual is over the exemption limit ($800 for stays outside Canada exceeding 48 hours, $50 for...

Canadian Residents With NEXUS Privileges May Complete On-Line Declaration Form

Many NEXUS card holders in the Trusted Traveler Program are not aware that there are electronic forms available on-line that they can complete prior to returning to Canada with their purchases.  The declaration process is...

NEXUS Travelers Must Carefully Maintain Receipts Over Thanksgiving

Black Friday and Thanksgiving week-end often ends in tears and frustration as Canadian travelers run into difficulties at Canada-US border crossings and at airports.

Canadians join in the U.S. tradition of bargain shopping on...

Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations

Many Canadians who live in border cities (such as Windsor, Niagara Falls) are more likely to have a NEXUS pass.  Many Canadians who live in border cities work in the United States and travel back and forth across the border...

The Canada Border Services Agency Looks At Exports Too

The Canada Border Services Agency (“CBSA”) may detain any goods that are being exported from Canada if the CBSA is concerned that the goods are being exported contrary to Canada’s export controls and economic sanctions...

Canadian International Trade Tribunal Agrees With Importer That Bows Are Festive

On May 27, 2011, the Canadian International Trade Tribunal (CITT) issued its decision in Danson Decor Inc. v. The President of the Canada Border Services Agency (AP-2009-066) in which it sided an importer who sought a refund...

Can a "Purchaser in Canada" for Canadian Customs Purposes Change Status?

Can a "purchaser in Canada" as that term is defined for customs purposes in Canada undergo changes and no longer satisfy the criteria in the Value for Duty Regulations?  Yes

Subsection 48(1) of the Customs Act (Canada)...

The Gloves Come Off: The Canada Border Services Agency Continues to Target Glove Imports

As discussed in my May 28, 2011 blog post entitled "The CBSA's Trade Compliance Post Release Verification Hit List of 2011", the Canada Border Services Agency is targeting gloves for tariff classification and tariff treatment....

The CBSA Is Targeting Tools, Implements, Cutlery, Spoons and Forks of Base Metals in 2011 National Priorities

The Canada Border Services Agency (CBSA) is targeting tools, implements, cutlery, spoons and forks of base metals and parts in its 2011 national priorities for post-release trade compliance verifications.  This is an...

Free Trade Agreement Advance Rulings May Help Importers Minimize Assessment Risk

A Canadian business that plans to import goods from one of Canada's free trade agreements partners (United States, Mexico, Chile, Israel, Costa Rica, Peru, Iceland, Norway, Lichtenstein and Switzerland) may ask for an advance...

Canada-EFTA FTA Verifications Are Different Than NAFTA

The Canada - European Free Trade Association (EFTA) Free Trade Agreement (Canada-EFTA FTA) does not follow the NAFTA model for origin verifications. In some respects, the Canada-EFTA FTA model is better for Canadian importers as...

The Canadian Border Services Agency To Look Closely At Stone/Articles of Stone Imports

The Canada Border Services Agency (CBSA) is targeting stone and articles of stone in its 2011 national priorities for post-release trade compliance verifications. The H.S. tariff classification code that the CBSA has indicated...

Importers of Tires Into Canada To Come Under CBSA Scrutiny

As far as I know, Canada does not have imminent plans to initiate a China-specific safeguard case against tires from China. The Canada Border Services Agency (CBSA) has a different focus. The CBSA has included motor car, bus and...

Canada Border Services Agency is Juiced to Verify Tariff Classification Compliance of Juice Importers

The Canada Border Services Agency (CBSA) is targeting juice in its 2011 national priorities for post-release trade compliance verifications. This is the second year for this verification target because significant non-compliance...

Municipal Textile Shopping Bag Promotions Have Caught the Attention of the Canada Border Services Agency

The Canada Border Services Agency (CBSA) is targeting textile bags in its 2011 national priorities for post-release trade compliance verifications. Is this a coincidence or a result of the increase in imports of textile bags due...