Posted by Gordon LaFortune on Aug 16, 2018

Canadian firms that import, distribute, or use steel and Canadian consumers who buy products that contain steel should pay close attention to the Government of Canada’s announcement that it is considering safeguard action, including the possibility of provisional safeguards, against imports of steel plate, concrete reinforcing bar, energy tubular products, hot-rolled sheet, pre-painted steel, stainless steel wire, and wire rod imported from all countries.  In most cases, if safeguard measures are adopted, duties or quotas or both would be assessed against these steel imports after a safeguard inquiry has been held.  But, in certain circumstances provisional safeguard measures could go into effect immediately while that inquiry is conducted.  Because the measures would restrict imports and increase costs, they would likely have a negative impact on importers, distributors, end-users and consumers. On August 14, 2018, the Government of Canada announced public consultations to seek views on whether it should take safeguard action, including potential provisional safeguards, against imports of the seven steel products.  The Government is taking this action to address concerns that the recent 25% U.S. additional duties on steel products will divert foreign steel destined for the U.S. to Canada and that this could result in an increase in steel in the Canadian market that will injure Canada’s domestic producers.  Canada is seeking views on whether safeguard action is warranted and, if so, on the appropriate remedy.  A copy of the Invitation to Submit Views can be found at https://www.fin.gc.ca/n18/data/18-071_1-eng.asp. Canada can take safeguard action to protect domestic producers.  Typically, if the Government believes that goods are being imported in increased quantities and under such conditions that they cause or threaten to cause serious injury to domestic producers the Canadian International Trade Tribunal will be directed to conduct a safeguard inquiry.  If the Tribunal finds that safeguards are warranted at the conclusion of that inquiry, it will make a recommendation on a remedy (i.e., duties, quotas or both) to the Minister of Finance who may then take action.  In these cases, safeguard measures would usually be imposed on all imports regardless of origin, but only after the inquiry has been conducted and all sides have been given an...

Posted by Woods LaFortune LLP on Jul 3, 2018

The Government of Canada has finalized its countermeasures in response to U.S. Section 232 tariffs on steel and aluminum products: https://www.fin.gc.ca/access/tt-it/cacsap-cmpcaa-1-eng.asp https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn18-08-eng.html https://www.cbsa-asfc.gc.ca/publications/dm-md/d16/d16-1-1-eng.html Canada also announced support measures for the industries affected by the U.S. tariffs: https://www.canada.ca/en/global-affairs/news/2018/06/support-for-canadian-steel-and-aluminum-workers-and-industry.html In the next few weeks, Michael Woods will be writing a series on the current state of Canada –U.S. trade on Canada’s online legal magazine Slaw.ca. Founded in 2005, Slaw is Canada’s largest co-operative legal publication attracting more than a million readers each year.  Michael and managing partner Gordon LaFortune are regular contributor as one of Slaw’s over sixty...

Posted by Woods LaFortune LLP on Jul 2, 2018

On June 28th the Forum for International Trade Training (FITT) confirmed that Michael Woods has been re-elected to serve a fourth term on the organization’s Board. FITT is a Canada based not-for-profit organization dedicated to providing international business training, resources and professional certification to individuals and businesses. It offers the only international business training programs and related professional designation (CITP/FIBP) endorsed by the World Trade Centers Association and the Government of Canada.  Michael is honoured to have been elected to his post by the FITT membership and looks forward to continuing his work with an organization whose international business training solutions have set the standard of excellence for global trade professionals across Canada and around the world. To learn more about FITT and its International Business Program — FITTskills  — see: http://www.fitt.ca/fittskills-faqs. During the last year the Board was engaged in the process that led to FITT’s formal partnership arrangement with Export Development Canada (EDC) aimed at delivering enhanced trade education to Canadian companies and trade professionals.  At the core of the partnership is the creation of the EDC-FITT International Trade Learning Centre (Centre) – a digital platform from which EDC and FITT will offer information, learning modules, and other knowledge-based resources focused on helping small- to medium-sized enterprises (SMEs) go, grow and succeed internationally. The Centre will be fully operational in 2018.  The official announcement of the partnership was made at FITT’s international business conference, Your Future in Global Markets, which marked FITT’s 25-year...

Posted by Michael Woods on Jul 2, 2018

Both Gord LaFortune and Michael Woods had an opportunity to celebrate their trade law roots with over 150 old colleagues and a new generation trade lawyers as the Government of Canada’s Trade Law Davison celebrates its 25th anniversary on June 22, 2018. In 1993 the Department of External Affairs and International Trade (now Global Affairs Canada) and the Department of Justice (now Justice Canada) created the joint unit made up of lawyers from both departments was called the Trade Law Division with the acronym JLT. Its mandate was to counsel the Government of Canada on all aspects of international trade law. Both Gord and Michael were early members of JLT which has established itself as a model unit for legal advice, advocacy and litigation in international trade and investment law – a Canadian center of excellence in international trade and investment law. As former public servants we noted with pride that that Oxford’s Blavatnik School of Public Policy and the prestigious UK- based Institute for Government was recently rated as the world’s best public service. We congratulate both former colleagues who helped build the JLT and current hard working men and women who are maintaining...

Posted by Michael Woods on Feb 19, 2018

The following column was co-authored by Michael Woods and Gordon LaFortune and published today on Slaw.ca. For Canadian business, the threat of U.S. withdrawal from NAFTA is the biggest and most immediate challenge.  Without progress that satisfies the U.S. Administration, the current NAFTA negotiations may end with the U.S. issuing a Notice of Withdrawal that starts the six month clock on formal U.S. withdrawal from the Agreement and the market uncertainty that will likely follow. Canada can and will survive the U.S. withdrawal from NAFTA.   Canada and the U.S. have deep economic ties and market integration that will result in trade between the countries continuing, but on different terms.  To address the problem of dependence on the U.S. Market successive Canadian governments have looked to trade diversification, particularly since the economic downturn of 2008 and the sharp rise of U.S. protectionist measures like the “Buy America”.  The result of these efforts have been substantive trade initiatives in Europe and Asia-Pacific, including the 2017 Comprehensive Economic and Trade Agreement agreed between Canada and the European Union and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership which was just agreed between the remaining eleven states. However, Canadian government efforts to diversify trade through trade agreements cannot succeed on their own.  To truly diversify trade, Canadian business has to take steps to sell to customers in these new markets.  In light of the possible U.S. withdrawal from NAFTA and the uncertainty that will create, Canadian business should take the “America First” challenge as an invitation to lessen our dependence on the U.S. market and find new trading partners in Europe and Asia. NAFTA  The underlying impetus for the U.S. threat to NAFTA is a growing economic nationalism that has fueled an unapologetic ‘‘America First’’ platform.  At this stage, it is already creating uncertainty about NAFTA and the integrated market that the Canada economy relies upon.  As the United States shifts it focus to creating more jobs at the cost of championing economic liberalization and free trade many more sectors of the Canadian economy will be attacked  as fiercely as aircraft and lumber are now. The United States has failed to meet its...

Posted by Woods LaFortune LLP on Feb 16, 2018

Michael Woods and Gordon LaFortune of the Ottawa and Montreal-based international trade law firm, Woods, LaFortune LLP, are pleased to announce that they will be writing a new column for Canada’s online legal magazine Slaw.ca. Starting this Monday, February 18th, Gordon and Michael will offer bi-monthly contributions on such matters of interest as the ongoing NAFTA re-negotiations, Canada’s new trade agreements (e.g. CETA, CPTPP), current WTO cases, and latest developments in trade remedies, import and export controls, and economic sanctions. Founded in 2005, Slaw is Canada’s largest co-operative legal publication attracting more than a million readers each year.  Slaw’s team consists of twenty weekly bloggers and more than sixty columnists who have collectively published more than 15,000 daily entries about law and its practice. Contributors hail from across the country and around the world. Slaw’s audience is primarily lawyers, law librarians, and others working in or studying law; and the site’s aim is to “share knowledge, offer advice and instruction, and occasionally provoke.” Woods, LaFortune LLP is a trade law boutique that advises a global client base on the full range of international trade and investment...