Monday, October 31, 2011

U.S. Customs increases merchandise processing fee


The United States Customs and Border Protection Service (CBP) announced an increase to the merchandise processing fee (MPF) rate for formal entries from 0.21% to 0.3464% effective October 1, 2011. The minimum and maximum fees, $25 and $485 respectively, did not change.

CBP's system changes to automatically collect the increased fee are expected to be in place by Saturday November 5, 2011

For entries filed on or after October 1, 2011, until the CBP system changes take effect with the 0.3464% rate, CBP will bill the importer for the increase in MPF. CBP will disregard differences of less than $20.

Goods that originate in the NAFTA territory and that qualify to be marked as Canadian goods according to the Marking Rules are exempt from the merchandise processing fee since 1994.

Friday, October 28, 2011

Technical documents


Government memorandums, notices and decisions.

This page lists newly published government memorandums, notices, regulations and decisions. Clicking on a title will open the document (in a new window) as published by the relevant department or agency on its own Web site.

Canada Border Services Agency
Department of Foreign Affairs and International Trade
Health Canada
  • Packaging and Labelling Information for Reed Diffusers. All chemical products, including the oils used in reed diffusers, must be assessed by the manufacturer or importer to determine whether the product falls within any of the hazard categories, such as "toxic" or "flammable".
United States

Canadian meat producers urge Ottawa to speed up FTA talks with South Korea


Now that the United States Congress has ratified a free trade agreement (FTA) with South Korea the Canadian pork and beef industries have expressed their concern that any further delays in free trade talks between Canada and Korea will seriously affect the competitiveness of theirs and other Canadian sectors exporting to South Korea

imageThe Canadian Pork Council, Canada Pork International, Canadian Cattlemen's Association and the Canadian Meat Council have joined forces to urge the Government of Canada to resume talks with South Korea that have been stalled since 2008.

"With the recent ratification of the Korean FTA by the US Congress, the Canadian red meat industry is very concerned that further delay in concluding Canadian FTA talks with South Korea will seriously undermine the competitiveness of the pork and beef sectors, lead to the loss of jobs, and a contraction in the production and processing sector in Canada," stated Canadian Pork Council chair Jurgen Preugschas. "An American study evaluated the benefits for the US pork sector of an FTA between the US and South Korea at US $10 per hog. Canadian producers will be foregoing a similar benefit and risk losing their existing position in the Korean market."

Canada's principal competitors have reached or are negotiating FTAs with South Korea, said Preugschas. Canada's current pork trade with South Korea, projected to be $300 million in 2011, could completely disappear; lost to those who enjoy FTA preferences, he said.

Canadian Cattlemen's Association President Travis Toews added his concern. "Almost at the very moment we hope Korea lifts its prohibition on Canadian beef, they will be reducing the tariff on US beef which could well negate our market access gain."

Thursday, October 27, 2011

Live eManifest webinar presentations for highway carriers - new dates added


The Canada Border Services Agency (CBSA) added several dates to its live eManifest highway carrier presentations. Each presentation is hosted by a CBSA representative and followed by a question and answer period.

The following presentations and dates are now available:

imageAttention Highway Carriers: eManifest may apply to you

• 2011-11-02   -   10:00 a.m. - 11:00 a.m. (ET)   -   English
• 2011-11-10   -   10:00 a.m. - 11:00 a.m. (ET)   -   English
• 2011-11-17   -   10:00 a.m. - 11:00 a.m. (ET)   -   French
• 2011-11-24   -   10:00 a.m. - 11:00 a.m. (ET)   -   English
• 2011-12-08   -   10:00 a.m. - 11:00 a.m. (ET)   -   English
• 2011-12-12   -   10:00 a.m. - 11:00 a.m. (ET)   -   French

eManifest Portal Demonstration

• 2011-11-01   -   2:00 p.m. - 4:00 p.m. (ET)   -   English
• 2011-11-08   -   1:30 p.m. - 3:30 p.m. (ET)   -   English
• 2011-11-14   -   1:30 p.m. - 3:30 p.m. (ET)   -   French
• 2011-11-22   -   1:30 p.m. - 3:30 p.m. (ET)   -   English
• 2011-11-30   -   1:30 p.m. - 3:30 p.m. (ET)   -   English
• 2011-12-01   -   10:00 a.m. - 12:00 p.m. (ET)   -   English
• 2011-12-06   -   1:30 p.m. - 3:30 p.m. (ET)   -   English
• 2011-12-07   -   1:30 p.m. - 3:30 p.m. (ET)   -   French
• 2011-12-16   -   10:00 a.m. - 12:00 p.m. (ET)   -   English

If you would like to register for a live webinar presentation, please see the instructions on the CBSA website.

Wednesday, October 26, 2011

WTO members say "small steps" may be a way out of Doha dead end


The ambassadors from World Trade Organization (WTO) member governments concluded last week that the upcoming ministerial conference should set a deadlock-breaking path for the Doha Round, perhaps by concentrating on issues where an early agreement might be possible.

imageDuring discussions at an informal meeting of the Trade Negotiations Committee (TNC), which oversees talks in all Doha Round subjects, they agreed with the committee's chairman, WTO Director-General Pascal Lamy, that this should be one of the messages of the December 15-17 Ministerial Conference in Geneva.

They also agreed that the Doha Round is at an impasse, that there is little chance of the membership concluding the negotiations in all subjects in the near future as they had originally intended, but that they do not want to give up the objectives of the negotiations, which were launched in Doha in 2001.

Mr Lamy told the ambassadors that his consultations in Geneva and around the world showed "some convergence emerging around the idea" of moving ahead in subjects "where progress can be achieved, by reaching agreements on specific issues" before weaving them into the full set of issues in the talks.

Canadian rail freight traffic up more than 10% in August


Statistics Canada announced that total freight traffic carried by the country's railways rose 10.8% from August 2010 to 27.8 million tonnes in August. The gain was the result of increases in both domestic and international cargo loadings.

imageThe non-intermodal and intermodal domestic systems saw their combined freight loadings rise 8.1% to 24.4 million tonnes in August compared with the same month a year earlier.

Non-intermodal freight loadings, which are typically carried in bulk or loaded in box cars, rose 9.1% from August 2010 to 22.0 million tonnes. The commodity groups with the largest increases in tonnage were coal, lumber and wood pulp.

Of the several commodity groups that registered decreases in August, iron ores and concentrates, colza seeds (canola) and other cereal grains posted the largest drops in tonnage.

Intermodal freight loadings edged up 0.1% from a year earlier to 2.4 million tonnes in August. The increase occurred solely on the strength of containerized cargo shipments.

Internationally, traffic received from the United States destined for or passing through Canada rose 34.8% from August 2010 to 3.4 million tonnes, driven primarily by increased loadings of non-intermodal freight.

Friday, October 21, 2011

Major changes to the Customs Tariff in 2012


The Canadian Customs Tariff will be considerably modified as of January 1st, 2012.
imageSeveral changes to the Harmonized System, the foundation of most countries' customs tariffs, announced over a year ago, generated many of the upcoming amendments.

Additionally, the suppression by Ottawa of some 1,100 tariff items (eight-digit-level) will cause the elimination of some 6,000 complete ten-digit items.
These amendments will generate important work to update the tariff profiles of every importer in the country.

The Canada Border Services Agency intends to publish the print copy of the 2012 tariff by December 1, 2011. Statistics Canada will provide concordance tables.

Also note that the changes to the Harmonized System will apply to the United States' tariff, as well as to the customs tariffs of nearly every country.

Technical documents


Government memorandums, notices and decisions.


This page lists newly published government memorandums, notices, regulations and decisions. Clicking on a title will open the document (in a new window) as published by the relevant department or agency on its own Web site.

Canada Border Services Agency
  • SIMA - Copper Pipe Fittings from the United States, Korea and China. Statement of reasons.
  • Memorandum D11-3-1 Marking of Imported Goods. Appendix F has been modified to reflect changes made to the regional marking experts' contact information.
Canada Revenue Agency
Department of Finance
  • Bill C-13 (Customs Tariff amendments) (pdf)
    - Part 3 amends the Customs Tariff in order to simplify it and reduce the customs processing burden for Canadians by consolidating similar tariff items that have the same tariff rates and removing end-use provisions where appropriate. The amendments also simplify the structure of some provisions and remove obsolete provisions.
    - Part 4 amends the Customs Tariff to introduce new tariff items to facilitate the processing of low value non-commercial imports arriving by post or by courier.
Department of Foreign Affairs and International Trade
Canadian Food Inspection Agency
Supreme Court of Canada
  • Case 34278 TrueHope Nutritional Support Limited, David Hardy v. Attorney General of Canada, Minister of Health of Canada. Health Canada ordering seizure of importation of medicinal drugs for non-compliance.
United States

Thursday, October 20, 2011

Ninth round of Canada-European Union free trade negotiations held this week


On Monday the Minister of International Trade, Ed Fast, announced the start of a ninth round of negotiations toward a comprehensive economic and trade agreement with the European Union (EU). This latest round of talks was scheduled to continue until Friday, in Ottawa.

image"We welcome the European negotiating team to Ottawa. Working alongside our negotiators, Canada and the EU are moving closer to an ambitious agreement that has the potential to boost two-way trade by 20 percent," said Minister Fast. "These negotiations represent our most significant trade initiative since the North American Free Trade Agreement.."

Canada and the European Union have held eight successful rounds of negotiations since the start of talks in October 2009. To date, significant progress has been achieved in such areas as goods, services, investment and government procurement.

Some of the major issues that still have to be settled include how much to open up agricultural markets and whether to extend patents on pharmaceuticals.

Both Canada and the EU have expressed their commitment to maintaining the momentum of the negotiations thus far, with the aim of concluding by 2012.

Wednesday, October 19, 2011

Study highlights the economic importance of the St. Lawrence Seaway


A new study, which is the first to reveal the economic value of the entire bi-national Great Lakes-Seaway System and its more than 100 ports, was unveiled this week by the Canadian St. Lawrence Seaway Management Corporation and the U.S. Deputy Secretary of Transportation.

imageAccording to the study, which uses 2010 data, cargo shipments to ports on the Great Lakes and St. Lawrence Seaway navigation system generated $34.6 billion of economic activity and 227,000 jobs in Canada and the U.S. That breaks down to 98,000 jobs and $15.9 billion in economic activity in Ontario and Quebec.

Terence Bowles, President and CEO of the St. Lawrence Seaway Management Corporation, said: "The economic benefits of Great Lakes-Seaway shipping are far-reaching. Not only is marine shipping creating jobs in Canadian communities, but marine-related industries and employees are contributing significantly to the general prosperity of Canadian society by providing $4.6 billion in personal income."

"In addition, North American farmers, steel producers, construction firms, food manufacturers and power generators depend on the 164 million metric tons of iron ore, coal, stone, salt, sugar, grain, steel, wind turbines and machinery that are delivered by ships every year to keep their businesses running" continued Mr. Bowles.

The comprehensive study, "The Economic Impacts of the Great Lakes-St. Lawrence Seaway System 2010," was commissioned by the marine shipping industry in partnership with government agencies and peer reviewed by U.S. and Canadian economists. The full executive summary and study is available at www.marinedelivers.com.

Tuesday, October 18, 2011

Reminder: Additions to list of food products requiring EDI notification to CFIA


Last August the Canadian Food Inspection Agency (CFIA) issued a notice for importers and brokers concerning the ongoing changes to import notification requirements for commodities that fall under its jurisdiction.

Effective October 31, 2011, phase 7 of the changes will come into effect, when more food products will be added to the list of goods for which the Agency will require notification of importation by Electronic Data Interchange (EDI).

The products added to the list are classified within the following chapters of the Harmonized System:
  • 2 Meat and edible meat offal
  • 4 Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included
  • 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
A complete listing is available in the notice's Annex 1.

EDI reporting at the time of importation is the only additional requirements for these commodities. The purpose of the initiative is mostly to improve the availability of information the CFIA can use to identify and track food products when food safety issues occur.

We normally perform this type of reporting at time of importation for our clients. Do not hesitate to contact us, should you require additional information.

Link: CFIA Confirmation Notice: Changes to Import Notification Requirements for Products in the Non-Federally Registered Food Sector - Seventh Phase: Amendments to Annex 1

Friday, October 14, 2011

eManifest implementation for highway carriers officially begins


The Canada Border Services Agency (CBSA) announced that the eManifest implementation timeline for highway carriers will begin on November 1, 2011
imageIn accordance with the eManifest implementation approach, the announcement comes as all transmission options (Electronic Data Interchange (EDI) and the eManifest Portal) are now available and operating efficiently. The following key dates will apply to eManifest implementation in the highway mode:

• November 1, 2011, to November 1, 2012 - Highway carriers have 12 months to incorporate eManifest requirements into their business processes.
• November 1, 2012, to May 1, 2013 - eManifest requirements are mandatory. Highway carriers deemed to be non-compliant will be denied entry to Canada and issued zero-rated penalties.
• May 1, 2013 - The implementation timeline is complete. Highway carriers deemed to be non-compliant will be denied entry to Canada and issued monetary penalties.

"When fully implemented, eManifest will be a virtually paperless process that starts before shipments even reach the border and will improve two-way communications between trade and the CBSA," said Cathy Munroe, Vice-President, Programs Branch. "By rigorously performing risk assessments on advance commercial information, the CBSA's border services officers will be better able to ensure that shipments identified as being of unknown and high-risk are examined and low-risk, legitimate goods cross the border more efficiently."

Technical documents


Government memorandums, notices and decisions.


This page lists newly published government memorandums, notices, regulations and decisions. Clicking on a title will open the document (in a new window) as published by the relevant department or agency on its own Web site.

Canada Border Services Agency
Department of Finance
Department of Foreign Affairs and International Trade
Canadian Food Inspection Agency
Canadian International Trade Tribunal
  • Appeal No. AP-2010-058   9133-7048 Québec Inc. Whether certain women's sports brassieres are entitled to preferential tariff treatment under the Market Access Initiative for least developed countries and, therefore, under the Least Developed Country Tariff.
CITES
  • Checklist of CITES species (pdf) The new edition of the Checklist of CITES species has just been released. Convention on International Trade in Endangered Species of Wild Fauna and Flora.
United States

Thursday, October 13, 2011

Canadian trade deficit increased in August as imports grew faster than exports


Canada's merchandise imports grew 0.7% while exports increased 0.5% in August, according to the latest data from Statistics Canada. As a result, the country's trade deficit with the world went from $539 million in July to $622 million in August.

imageImports reached $38.5 billion as imports of machinery and equipment gained 2.5%, automotive products increased 2.3% and industrial goods and materials increased 1.7%. The energy products sector declined 13.6% to $3.9 billion as crude petroleum fell 25.3%.

Exports rose to $37.9 billion, with machinery and equipment, and industrial goods and materials as the main contributors to the gain. Both sectors were up for a fourth consecutive month.

Exports to the United States were down 2.3% to $26.6 billion. Imports from the United States rose 2.0% to $24.1 billion in August, the highest level since October 2008. Canada's trade surplus with the United States decreased from $3.7 billion in July to $2.5 billion in August.

Exports to countries other than the United States increased 7.9% to a record high of $11.2 billion. This represented a fourth consecutive monthly gain. Imports from countries other than the United States fell 1.4% to $14.4 billion. Consequently, Canada's trade deficit with countries other than the United States declined from $4.2 billion in July to $3.2 billion in August.

Wednesday, October 12, 2011

First round of Canada - Morocco free trade negotiations held in Ottawa


The first round of free trade negotiations negotiations between Canada and Morocco are proceeding as planned this week in Ottawa. The talks were announced last February during a visit to Morocco by Prime Minister Harper.

image"A trade agreement with Morocco will help Canadian businesses across a range of sectors including manufacturing, agriculture, and services industries" said Minister of International Trade, Ed Fast.

In 2010, Canada-Morocco bilateral merchandise trade totalled $328.2 million. Morocco is already an important export destination for Canadian merchandise exports, importing $186.9 million in Canadian goods in 2010. With a population of about 32 million, Morocco is expected to see its economy grow by almost 5 percent this year and next.

"While Canada and Morocco already enjoy long-standing cultural and linguistic ties, closer economic ties will deepen this relationship and enhance trade and investment opportunities in both countries," said Minister Fast. "I am particularly pleased that a free trade agreement with Morocco would be Canada's first with an African country."

Friday, October 7, 2011

Canadian exporters increasingly shifting focus away from U.S.


With exports now 30 per cent more diversified than a decade ago, Canadian companies are lessening their dependence on the U.S. as a trade partner according to a new economic report from CIBC World Markets.

image"The main catalyst here is the surge in exports to emerging markets and the significant decline in exports to the U.S., which are currently back to the pre-NAFTA levels," says CIBC Deputy Chief Economist Benjamin Tal. "At this rate, the U.S. share of total exports will fall to 60 per cent by the end of the decade, with emerging markets picking up nearly 90 per cent of the gain."
The report notes that Canadian companies are taking advantage of historically low interest rates to finance investments - some of which is being directed towards expanding export opportunities.

Mr. Tal notes that while targeting increased export markets requires extra investment, it also means an improved bottom line. Academic research on the link between export diversification and corporate profits show that the relationship is highly non-linear. Both extremes (too high or too low levels of diversification) act as a negative for profits with the main improvement seen in the move from the low to medium level of diversification.

"With exports to the U.S. still accounting for a sizeable 75 per cent of total exports, it is clear that Canada is currently in the optimal stage of its diversification process, with any increase in diversification adding notably to the bottom line," he says. "Already, exports to the U.S. as a share of Canadian corporate sales are hovering around their lowest rate since the early 1990s, implying a notable reduction in the sensitivity of corporate profits to exports to the U.S. This sensitivity will continue to decline as Canadian exporters increase their exposure to alternative markets."

Link: CIBC World Markets report (pdf)

Technical documents


Government memorandums, notices and decisions.


This page lists newly published government memorandums, notices, regulations and decisions. Clicking on a title will open the document (in a new window) as published by the relevant department or agency on its own Web site.

Canada Border Services Agency
Department of Foreign Affairs and International Trade
Canadian Food Inspection Agency
European Union
United States

Thursday, October 6, 2011

Canada signs Anti-Counterfeiting Trade Agreement, along with 7 other countries


The Government of Canada announced last week that it signed the Anti-Counterfeiting Trade Agreement (ACTA), an international agreement aimed at combatting the spread of trade in counterfeit and pirated goods.

"Counterfeit and pirated goods are an increasingly global problem that requires a globally coordinated solution," said Canada's Minister of International Trade, Ed Fast.
imageACTA will establish new international standards for enforcing intellectual property rights. It will cover three areas: improving international cooperation, establishing best practices for enforcement and providing a more effective legal framework to address the problem of counterfeiting and piracy. It will also give innovators, artists and entrepreneurs enhanced measures to ensure their creations and associated rights are protected.

Alongside Canada, Australia, Japan, Morocco, New Zealand, the Republic of Korea, Singapore and the United States also signed the agreement, which was negotiated by 38 parties in total. The European Union, Mexico, and Switzerland did not sign the treaty yet, for various reasons.
Following the signature of ACTA, the Government of Canada will develop and introduce the necessary legislation to implement the agreement. The government has already taken steps to enforce and defend intellectual property rights and help balance the needs of creators and users by reintroducing its Copyright Modernization Act (Bill C-11) in Parliament on September 29. The bill informed and guided Canada's approach to the ACTA negotiations.

Link: Anti-Counterfeiting Trade Agreement.

Wednesday, October 5, 2011

The air transport agreement between Canada and Japan has been expanded


Federal officials announced that the bilateral air transport agreement between Canada and Japan has been expanded, providing more possibilities for air services between the two countries.

image"Japan is an important and long-standing bilateral air transport partner," said Minister of Transport Denis Lebel,. "Further expanding air transportation rights is another step in the implementation of our government's Blue Sky policy. The expanded agreement is expected to lead to additional benefits for Canada's air travellers, shippers, airports and tourism industry."

The expanded arrangements include greater access for Canadian airlines to Tokyo's Narita Airport and added flexibility for airline routings. The agreement includes additional rights for services between Canada and Japan through third countries.

Some of the new air transport rights exchanged by the two governments are available immediately for use by Canadian and Japanese airlines, while others are phased in. Airlines are reviewing the new arrangements to determine what new or additional air services might be warranted.

Tuesday, October 4, 2011

CBSA finds dumping of copper pipe fittings would resume if duties were lifted


The Canadian International Trade Tribunal initiated in June a five-year expiry review of its February 2007 findings concerning the dumping of certain copper pipe fittings from the United States, Korea and China and the subsidizing of the same products from China, which resulted in the assessment of anti-dumping and countervailing duties on the subject goods.

imageIn its part of the review the Canada Border Services Agency (CBSA) initiated an investigation to determine whether the expiry of the findings, and the removal of relevant duties, would likely result in the continuation or resumption of dumping and/or subsidizing of the goods.

The CBSA investigation has now been completed and the Agency has determined that the expiry of the findings is likely to result in the continuation or resumption of dumping of the subject goods from the United States, Korea and China, and the continuation or resumption of the subsidizing of such goods from China.

The Tribunal will now conduct an inquiry to determine whether the expiry of the findings is likely to result in injury or retardation to the Canadian industry, and has announced that it will issue its decision no later than February 17, 2012.

A Statement of Reasons that contains additional details concerning the determinations made by the CBSA will be issued within fifteen days, and included in our subsequent Technical Documents page.

Monday, October 3, 2011

Wheat products tariff rate quota will be filled on October 19, 2011


The Department of Foreign Affairs and International Trade issued a Notice to advise importers that the wheat products tariff rate quota (TRQ) will be filled on October 19, 2011.

Consequently, October 19 , 2011 (at 11:59 p.m.) will be the cut-off date for accounting for imports of all wheat products classified under a "within access commitment" tariff item number.

imageAll subsequent imports of wheat products accounted for after the cut-off date must be classified at the "over access commitment" tariff item number, which carries a much larger rate of duty, even if they are imported, or imported and released, before the quota is filled.

It should be noted that imports of Mexican, Costa Rican, Chilean, Peruvian or U.S. wheat products are not affected and they will continue to be subject to the same rates of duty under the Mexican Tariff, the Costa Rican Tariff, the Chilean Tariff, the Peruvian Tariff, or the United States Tariff once the TRQ level is reached as before the TRQ was filled.

Link: Notice to Importers 798: Items 162 to 181 - Wheat Products.