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Keep informed on latest government regulations and information updates /developments affecting your shipments.
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Aug. 3, 2021
On August 3rd, 2021, the Canada Border Services Agency (CBSA) made its final determination of dumping and subsidizing under the Special Import Measures Act (SIMA) of certain upholstered domestic seating originating in or exported from China and Vietnam.
Due to insignificant amounts of subsidy or no subsidy, the CBSA decided to terminate the subsidy investigation for certain exporters based on the below listing:
From China by the following exporters:
From Vietnam, by the following exporters:
The same day, the CBSA has also made final determinations of dumping and subsidizing of certain upholstereddomestic seating from China and Vietnam, with respect to exporters for which the investigations have NOT beenterminated.
The subject goods are typically classified under the following HS tariff classification numbers:
HS classification
MFN duty rate
9401.40.00.00
9.50%
9401.61.10.10
9401.61.10.90
9401.71.10.10
8.00%
9401.71.10.90
Please note that the SIMA provisional duties are in addition to any standard MFN duties payable based on the HS Code.
ACTIONS and LIABILITIES
Provisional duties will continue to be imposed on the imports of subject goods that were Customs released after May 5,2021, per the margins as determined at the time of the preliminary determinations, to the date of the CanadianInternational Trade Tribunal (CITT)`s decision, which will be issued by September 2, 2021. The CITT will be continuing itsinquiry on the question of injury to the domestic market.
Provisional countervailing duties will no longer be collected on imports of goods from exporters for whom the subsidyinvestigation was terminated, and any provisional countervailing duty paid, or security posted by these importers forthose goods during the provisional period will be refunded by CBSA.
CITT FINDING IMPACTS
If the CITT finding determines that the dumped and subsidized goods have caused injury, CBSA will finalize the amounts ofanti-dumping and countervailing duties payable during the provisional period, any provisional duties paid in excess of themargin of dumping and amount of subsidy, per the final determinations, will be refunded by the CBSA.
If the CITT finds that the subject goods have not caused or are not threatening to cause injury, all of the proceedingsrelated to the dumped and subsidized goods will be terminated and subsequent imports will not be subject to antidumpingand countervailing duties. All provisional duties paid, or security posted by importers will be refunded by CBSA.
FURTHER DETAILS AND INFORMATION
Sources and French Version:
CBSA Notice of Final DeterminationCSCB Notice
For any additional information regarding the application of provisional duties on subject goods imported into Canada,please refer to the CBSA officers contact information:
Kevin Lambertsen: 613‑954‑7341Jeffrey Laplante: 613‑954‑7236Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Schenker is here to assist you with any questions you may have and provide support with this process. We can analyzeyour imports to see if the goods you have imported may be part of the subject list.
Please contact our Consulting team consulting.canada@dbschenker.com
DownloadCBSA Notice of Final Determinations: Certain Upholstered Domestic Seating from China and Vietnam
Jul. 29, 2021
On July 27, 2021 Canada Border Services Agency announced that border officers voted in favour of a strike. Strike actions can or may cause delays in border clearances which will have a cascading impact on the entire industry.
Our processes have not changed, and we are committed to service delivery excellence. Schenker of Canada Limited will process your shipments timely and efficiently. Due to border service disruptions, we strongly recommend providing as much advance noticeas possible to the arrival of your goods.
To Check Your Shipments Release Status , Click on Tracking https://www.dbschenker.com/ca . If you re quire further assistance , pleasecontact us toll -free 1-800-711-3979
We thank you for your patience as we navigate this situation with CBSA and will continue to keep you advised as new information becomes available.
Official CBSA announcement and additional information can be found below.
Schenker of Canada Limited ____________________________________________________ LEGAL STRIKE POSITION – CBSA CONTINUED OPERATIONS “Following the announcement made today, July 27, 2021, by the Public Service Alliance of Canada (PSAC), on behalf of the Customs and Immigration Union (CIU), the Border Services Officers (FB) bargaining unit has voted in favour of a strike.
As early as the first week of August, CBSA Border Services Officers, represented by PSAC, will be in a legal strike position as a result of an impasse in negotiations between their union and the Government of Canada.
Ninety percent (90%) of Border Services Officers have been identified as essential, meaning that they will continue to offer essential services if there is a strike. We expect that our officers will fulfill their duties with the highest level of integrity and professionalism.
CBSA operations will carry on as planned as the Agency continues to ensure the safety and security of Canadians while maintaining the flow of goods and services across the border. However, travellers and businesses could experience an increase in border wait times, picketing outside CBSA premises, and wearing of union-related accessories. The CBSA has been actively working to plan for these situations and has developed mitigation strategies to ensure operations will continue.
The CBSA will respond quickly to any job action or work disruption in order to maintain the safety and security of our border, ensure compliance with our laws, and keep the border open to facilitate the flow of legitimate goods and travel.”
Canada Border Services Agency / Government of Canada
Download: CBSA Legal Strike Position
May 5, 2021
On May 5, 2021, the Canada Border Services Agency (CBSA) made preliminary determinations of dumping and subsidizing under the Special Import Measures Act (SIMA) of certain upholstered domestic seating originating in or exported from China and Vietnam.
Provisional duties will be payable on the subject goods that are Customs released on or after May 5, 2021 (includes goods which were in-transit to Canada prior to this date). Where amounts of dumping and/or subsidy are considered insignificant, the investigations will continue but provisional duties will not be payable.
The full CBSA Notice of preliminary determinations showing the estimated margins of dumping, estimated amounts of subsidy and total provisional duties owing by exporter can be found in the following Appendix.
The complete product definition of the subject goods can be found in Appendix 1 of the original CBSA notice link.
The Statement of Reasons is also available for additional information about the investigations.
The investigations are continuing and the CBSA must make final determinations or terminate the investigations by August 3, 2021.
Email for subjectivity opinions and duty assessment questions can be sent to: Trade_Programs-Programmes_commerciaux@cbsa-asfc.gc.ca.
Prior to submitting a subjectivity opinion request, please review the ‘detailed product information’. Each request must be supported with essential information including, but not limited to, pictures, mill certificates, measurements, origin of the goods, etc. in relation to the specific product in question.
Failure to provide sufficient information will result in a rejection of the request by the CBSA.
Schenker is here to assist you with any questions you may have and provide support with this process. We can analyze your imports to see if the goods you have imported may be part of the subject list.
Download: CBSA__Certain Upholstered Domestic Seating_Notice of Preliminary Determinations_May 5, 2021
Mar. 15, 2021
As of March 15, 2021, food importers of meat, fish, dairy, eggs, processed eggs, processed fruits or vegetables, honey, maple and fresh fruits or vegetables are required to correctly declare their valid Safe Food for Canadians (SFC) licence to CFIA to import food into Canada.
The Canadian Food Inspection Agency (CFIA) has advised that import transactions will be rejected automatically unless a valid Safe Food for Canadians (SFC) licence is entered in the Single Window Integrated Import Declaration (IID). The SFC licence holder may experience delays and have their related food shipment(s) held at the border until the error is addressed and the import transaction is resubmitted.
The following criteria must be met or food import transactions will be rejected:
Imports of food categorized as manufactured foods such as confectionary, snack foods, beverages, coffee and tea, oils, dried herbs and spices, nuts and seeds, processed grain-based foods such as baked goods, cereals and pasta will NOT be affected.
You must obtain your SFC licence to import before presenting your shipment at the border, as you will not be able to obtain one at the border. If you currently hold a licence, review your licence profile in My CFIA portal to ensure that your licence has been issued for the activity of "Importing" and for the food commodity or commodities you intend to import.
License Validation Message
Useful references for food importers:
Importing food into Canada with a Safe Food for Canadians license
What to consider before applying for a Safe Food for Canadians license.
Refer to Annex A for more information on food commodities, including examples of the types of food included in each sub-commodity.
Information for Non-resident Importers
Download
SFCR License Requirements_March 15, 2021
Dec. 22, 2020
On December 22, 2020, the Canada Border Services Agency published the United Kingdom Trade Continuity Remission Order (the Order).
The Order states that effective January 1, 2021, the United Kingdom (UK) and particular associated territories will no longer be covered by the Canada-EU Comprehensive Economic and Trade Agreement (CETA) by way of Brexit, but can still preserve the CETA duty rates for qualifying imports from the UK. These goods would now have to be accounted under the Most-Favoured-Nation (MFN) tariff treatment.
To continue to benefit from the remission of duties, importers must instead cite the Remission Order #20-1135 on their B3, Canada Customs Coding Form. The remission applies to qualifying goods until the day on which the new Canada-United Kingdom Trade Continuity Agreement (CUKTCA) enters into force.
To qualify for the remission, importers must ensure that the products still meet the rules of origin under the CETA agreement and are responsible to obtain documentation in support of the claim for remission under the Order.
Any importers who have goods originating from the UK, which were in transit to Canada prior to January 1, 2021, may still claim the CEUT preferential tariff treatment.
For additional information, please access the full CBSA Customs Notice 20-39.
Schenker is here to assist you with any questions or concerns you may have and provide support.
Please contact our client services team schenkercustoms.cs@dbschenker.com
DownloadCustoms Notice 20-39: United Kingdom Trade Continuity Remission Order
Dec. 21, 2020
On December 21, 2020, the Canada Border Services Agency (CBSA) initiated investigations under the Special Import Measures Act (SIMA) regarding the dumping and subsidizing of certain upholstered domestic seating originating in or exported from China and Vietnam.
The investigation is a result of a complaint filed by Palliser Furniture Ltd. (Winnipeg, MB), and supported by several other companies.
9401.40.00.009401.61.10.109401.61.10.909401.71.10.109401.71.10.90
The complete product definition of the subject goods can be found in Appendix 1 of this CBSA notice link.
The Canadian International Trade Tribunal (CITT) has begun preliminary injury inquiry to determine whether such imports are causing harm to Canadian producers. A decision will be issued by February 19, 2021. The CBSA is also simultaneously investigating whether the imports are currently being sold in Canada at unfair and/or subsidized prices. Their preliminary decision will be made by March 22, 2021.
If the CITT determines that the goods are causing injury, and CBSA determines that the goods are dumped and/or subsidized, there may be provisional duty applied to future shipments. If no injury, dumping or subsidizing is determined, the investigations will be terminated.
Some importers may have already received a letter from CBSA, identifying them as a potential importer of the subject goods. The request would include submission of an Importer Request for Information (RFI) with necessary product information by a defined timeline in order to establish the normal value and export price of the subject goods.
Submissions by any parties who are opposed to the complaint must be filed by no later than noon (EST), on January 18, 2021. The complainant and supporting parties may make submissions in response to the submissions of parties opposed to the complaint not later than noon (EST), on January 25, 2021.
Detailed information can be found in the CITT Notice Of Preliminary Injury Inquiry.
DownloadCBSA_Initiation of Investigations_Certain Upholstered Domestic Seating
Sep. 15, 2020
The United States has made a unilateral decision to drop the 10% tariffs on Canadian non-alloyed unwrought aluminum exports to the U.S., retroactive to September 1, 2020. The US expects that trade of these goods will normalize in the last four months of 2020. The US set monthly targets for acceptable volumes of aluminum imports from Canada without tariffs and may re-impose the tariffs if shipment volumes exceed 105% of the monthly shipment volumes.
Canada was prepared to impose 10% Surtax countermeasures on various US aluminum import products, effective September 16, 2020, but has since withdrawn this planned retaliation. The Canadian Government has declared to the USTR (United States Trade Representative), that if they were to impose tariffs in the future, Canada will retaliate with dollar-for-dollar reciprocal countermeasures.
For further details, reference the below source links:
USTR Statement on Canadian Aluminum
CBC News: U.S. calls off tariffs on Canadian aluminum —for now
Aluminum Tariffs Dropped_Sept 15, 2020
Aug. 17, 2020
President Donald Trump has announced that he will restore a 10% tariff on certain Canadian aluminum imports into the U.S. effective August 16, 2020. These surtaxes are similar to the tariffs that were imposed in July 2018 and later eliminated in May 2019.
In response, Canada will impose dollar-for-dollar surtax countermeasures against imports of aluminum and aluminum-containing products originating from the U.S.
Certain Canadian importers and exporters will be affected by these regulatory measures, as a 10% surtax will be applicable on subject goods, effective September 16, 2020. The surtaxes will not be applicable to U.S. goods which are in transit to Canada on the day when they come into force.
A potential list of aluminum products has been proposed by Global Affairs Canada and Finance Canada, from which the goods subject to surtax will be drawn from.
Some of these goods include the following:
Canadian businesses will have until September 6, 2020 to submit written comments, inquiries and concerns to fin.tariff-tarif.fin@canada.ca to support with their feedback to the Government of Canada, or request for any exclusions of the goods on the potential tariff list.For further details, reference the source link: Government of Canada
What actions should affected companies take?
How can Schenker help?
Contact our Client Services or Consulting teams for assistance
Canada's Countermeasures on US Aluminum Tariffs
Jun. 3, 2020
CUSMA will enter into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). There will be no transition period. Currently used NAFTA Certificates of Origin will no longer be valid for imports after June 30, 2020.
May 23, 2019
CBSA has made some recent changes to Single Window, which affect all brokers and importers transmitting entries via the Integrated Import Declaration (IID).
The SWI IID Regulated Commodities Data Element Matching Criteria Tables (follow link) can be utilized by Trade Chain Partners to identify any commodities, which are regulated or co-regulated by one or multiple Participating Government Departments or Agencies (PGAs) programs. The referenced tables should be used in combination with Chapter 23 of the SWI IID Electronic Commerce Client Requirements Document (ECCRD) to ensure that all mandatory importation data and LPCO (License, Permit, Certificate and Other) images are presented.
Please consider that the HS classification codes are not the only determining factor in whether a commodity is regulated by a PGA program(s). Additional commodity codes such as Intended Use Codes (IUC), Canadian Product Category Codes (CPC), and LPCOs may also be required.
Changes to ECCRD-Data Element Matching Tables download
