MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have significant expertise in Customs Litigation.

The following is a short introduction to our Customs Litigation services.

Customs Litigation

Where necessary, Millar Kreklewetz LLP litigates Custom, Trade and Tax matters before all relevant bodies, tribunals and courts, including the Tax Court of Canada, Canadian International Trade Tribunal, Federal Court, Federal Court of Appeal, and Canada’s various provincial Superior Courts and Courts of Appeal, and the Supreme Court of Canada. Millar Kreklewetz LLP also offers a full range of planning and representation services in these areas as well, including assistance with Canada Border Services Agency verification and audits and Canada Revenue audits.  

Customs & Trade Litigation

Millar Kreklewetz LLP has significant experience and epertise in Customs and Trade Litigation. Our Customs and Trade Litigation practice encompasses all matters involving customs and trade.  On the Customs side, this includes Tariff Classification, Origin, Valuation, Marking, Seizures, Ascertained Forfeitures, and Administrative Monetary Penalty System (AMPS) related matters.  On the Trade side, this includes North American Free Trade Agreement (NAFTA) matters – including NAFTA Origin, Exporter Verification, and Government Procurement issues – as well as Anti-dumping / Countervail (SIMA), World Trade Organization (WTO) and GATT matters.

Customs Voluntary Disclosures/Mandatory Correction Obligations

Millar Kreklewetz LLP also has extensive experience in successfully negotiating Voluntary Disclosures. A Voluntary Disclosure may be available where an importer subsequently learns that they have provided Customs with inaccurate or incomplete information, or that they failed to disclose information they never previously reported. While importers making Voluntary Disclosures will be required to pay the applicable duties and interest, they will be relieved from any monetary penalties and prosecution that may otherwise be imposed.

There are also mandatory correction obligations on importers under the Customs Act which obligate importers to make corrections to their customs declarations, within 90 days of having a “reason to believe” that the declarations were incorrect. Millar Kreklewetz LLP also has extensive experience in assisting and advising importers on their mandatory correction obligations.

Commodity Tax Litigation

Millar Kreklewetz LLP also has significant experience and expertise in Tax Litigation.

Our Commodity Tax Litigation practice encompasses all Canadian indirect taxes, and includes all litigation matters relating to Canada's Goods and Services Tax (GST) and Harmonized Sales Tax (HST), and all matters relating to Canada's various provincial sales taxes – like the Ontario, Manitoba and Saskatchewan retail sales taxes (RST), the British Columbia social services tax (SST), the Quebec sales tax (QST) and the Prince Edward Island PST.  Our Commodity Tax Litigation practice also encompasses a variety of other indirect taxes, like the Employer Health Tax (EHT), and a range of excise taxes applying to goods like tobacco, alcohol, jewelry, gasoline and other motive fuels.

Other Tax Litigation

Millar Kreklewetz LLP also specializes in a variety of other Tax Litigation matters including litigation regarding Transfer Pricing and employee vs. independent contractor status under Canada ’s various federal (e.g., the Income Tax Act, the Canada Pension Plan and Employment Insurance Act) and provincial tax legislation (e.g., provincial worker’s compensation, Employer Health Tax Act).

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