CBSA looks into furniture imports for tariff classification accuracy
The Canada Border Services Agency (CBSA) is still very actively examining imports of furniture for tariff classification accuracy. Why? Because there is possibly 8% to 10% in additional tariff revenue to collect. Those familiar with the Canadian Tariff Schedule structure will know that a distinction is made between furniture used in a domestic dwelling as opposed to furniture used in public buildings and outdoor spaces. If your business imported furniture in Canada in the...
read more“Coherence or Chaos” Part I
Change is the law of life and those who only look at the past or present are certain to miss the future. John F. Kennedy Last week I had the pleasure of attending the Canadian Council of International Law (CCIL) Annual Conference. The theme was “Coherence of Chaos” and the program was full of insightful commentary by leaders from Canada and all over the world in various fields of international law. Commentary...
read moreTPP and CETA: What Comes Next?
Over the past year, international trade agreements have been an issue in Canadian news and politics, and particularly the benefits that would flow from the Trans Pacific Partnership Agreement (“TPP”) and from the Comprehensive Economic and Trade Agreement (“CETA”) between Canada and the European Union. Both Agreements have been signed by the Parties and, once implemented, will result in greater preferential market access for Canadian traders. However, neither Agreement has yet to be implemented...
read moreEconomic Sanctions – An Effective Option?
by Ghislaine Murango* and Michael Woods Having addressed sanctions in the business immigration context, we will examine the question of the overall effectiveness of sanctions. To re-cap, economic sanctions are used by states as instruments of foreign and trade policy a response to actions and or measures by another state that poses real or potential threats to international security, or which relate to humanitarian concerns or other trade related violations. Scholars and policymakers,...
read moreNail down these two international contract clauses to save yourself future legal headaches
Taking your business abroad can be a great way to expand your customer base, increase market share and lower production costs. Although the benefits of an international business venture are plentiful, they are accompanied by a significant amount of risk, which, if not properly mitigated, can far outweigh the rewards. Due diligence is your best ally in risk mitigation, even more so when it comes to international contracts. The contract is king Your contract,...
read moreHas the CBSA Violated Canada’s WTO Obligations? Questions from the ContainerWest Manufacturing Case
The Canadian International Trade Tribunal’s (“CITT”) recent decision in ContainerWest Manufacturing (CITT File Nbr. AP-2014-025) points to the possibility that the Canada Border Services Agency (“CBSA”) has taken action which may violate Canada’s WTO obligations. While the issue before the CITT concerned the question of whether the Appellant in that case filed documents required to benefit from General Preferential Tariff (“GPT”) treatment, the admissions the CBSA made in the case point to an administrative...
read moreEconomic Sanctions – Immigration and International Trade Law
Advising clients on the operations of international trade sanctions is an important part of a trade lawyer’s practice. Governments use economic sanctions as instruments of foreign and trade policy, imposing them in response to threats to international security, concerns with humanitarian violations, or in pursuit of trade related goals. These restrictions are often applied to dealings with entire countries, non-state actors, such as terrorist organizations, or designated persons from a target country. These restrictions...
read moreNon-Violation Complaints Part III – WTO & “Good Faith”
Our last blog post addressed GATT jurisprudence. We noted concerns about the growth of the non-violation nullification and impairment (“NVNI”) option in dispute settlement which were highlighted in the first WTO case on NVNI – Japan – Measures Affecting Consumer Photographic Film and Paper [WT/DS44]: This suggests that both the GATT contracting parties and WTO Members have approached this remedy with caution and, indeed, have treated it as an exceptional instrument of dispute settlement....
read moreNon-Violation Complaints Part II – The Trade Lawyer’s Equitable Relief?
In our previous article on “non-violation nullification and impairment” (“NVNI”) trade law claims we reviewed the 1993 Canada- U.S. Free Trade Agreement (FTA) Panel –Puerto Rico Regulations on the Import, Distribution and Sale of UHT Milk from Québec [USA-CDA-1993-1807-01]. In that case, Canada successfully relied upon a NVNI claim with respect to the introduction of new measures that had the effect of prohibiting the sale of Québec produced UHT milk in Puerto Rico. While...
read moreExporters and “Rules of Origin”: Get In On NAFTA’s Benefits and Avoid Heavy Penalties
The “Rules of Origin” under NAFTA are the criteria used to determine the country of origin of a product that is being imported or exported within the NAFTA region. As part of NAFTA, the United States, Canada and Mexico (the “Parties”) have all agreed to reduce and/or eliminate tariffs on goods that originate from their respective territories. However, the Parties continue to apply significantly higher tariffs to goods that do not originate in one...
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