Tax & Trade Blog

On January 16, 2022, the Canadian Border Services Agency (“CBSA”) issued a notice that it will be conducting a re-investigation in respect of corrosion-resistant steel sheet (“COR (II)”) imported from Turkey and Vietnam (the “Listed Countries”). CBSA has issued a Request for Information (“RFI”) to both exporters and importers, and responses are due February 22, 2023!

Normal values established during the re-investigation will be effective as of the end date of the re-investigation, and all normal values currently in place will expire on that date.

The third and final phase of the Canada Border Services Agency’s (“CBSA”) Assessment and Revenue Management (“CARM”) project (i.e., “CARM R2”) now has a clear target date for release – October 2023! The exact implementation date will depend on when draft regulations, released on November 26, 2022, will be finalized. Importers, brokers, freight-forwarders, and anyone else interested in CARM has until January 10, 2023 to provide feedback on the regulations!

The draft regulations will tweak existing regulations to bring them in-line with how the CBSA envisages CARM applying in practice. Hopefully, this will take Canadian customs into the digital age more smoothly than some other recent Federal IT projects!

On December 29, 2022, the Canadian International Trade Tribunal (“CITT”) released an Order continuing the CITT’s original 2012 finding that the dumping and subsidizing of oil country tubular good pup joints (“pup joints) originating in or exported from China was threatening to cause injury to Canadian domestic injury.

The Order effectively means that the current anti-dumping duties (“ADDs”) of up to 173.4% and countervailing duties (“CVDs”) of 9,125.6 Renminbi per metric tonne will remain in place for Subject Goods originating in or exported from China.

On December 12, 2022, the Canada Border Services Agency (“CBSA”) issued a notice that it will be conducting a normal value review of refined sugar exported from the US by United Food Group Inc. (“United”).

Unlike re-investigations, where the CBSA reviews and redetermines normal values for all exporters in the industry, in a normal value review CBSA will only review the normal values of the named party – in this case United. (That said, CBSA will sometimes conduct normal value reviews in respect of 2-3 exporters at around the same time and may sync up their schedules so it issues decisions more or less at the same time.)

If a person intends to carry CAD $10,000 or more in Cash over Canada’s border (either entering or exiting Canada), the person carrying the cash must declare the amount being carried to Canadian Border Services Agency (“CBSA”). If a CBSA officer determines that a traveller is carrying undeclared cash and suspects that it may be proceeds of a crime, the CBSA may seized the cash and hold it until the matter is proven otherwise. A recent Federal Court decision in Evans v Canada (Public Safety and Emergency Preparedness), 2022 FC 1516 (“Evans”) serves notice that while there are appeal mechanisms available, it can be extremely difficult to overturn these seizures.