Streamlined Import Permit Process, Commonly Traded Plants

Importers may now apply for permission to import all plants on a new Horticulture Plant List (HPL) from all countries, with a single entry on their import permit application form. This is due to the Canadian Food Inspection Agency’s (CFIA) new approach to issuing import permits for commonly traded plants intended for planting and propagation.

This is another positive step as the CFIA continues its commitment to better meeting the needs of stakeholders such as consumers, industry and international trading partners by improving how it delivers its programs.

Cole International can assist you with the above, plus all of your import or export needs in any industry sector.  Please contact us at 403-262-2771.

Horticultural Plant List:

http://www.inspection.gc.ca/plants/horticulture/imports/horticulture-plant-list/eng/1419017863407/1419017907742#listd

 

For more information (including FAQ’s and contact information for any questions):

http://www.inspection.gc.ca/plants/horticulture/imports/horticulture-plant-list/faq/eng/1419022153910/1419022198238

 

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Avian Influenza Affecting Imports

Restriction on live birds, eggs, raw poultry products, raw pet foods from Missouri, Minnesota, California, Idaho, Oregon and Washington.

The Canadian Food Inspection Agency (CFIA) is implementing measures to protect Canada’s poultry resources from an outbreak of highly pathogenic avian influenza reported in poultry in the states of Missouri, Minnesota, California, Idaho, Oregon and Washington, USA.

Travellers should know that, due to this outbreak, all raw poultry and all poultry products and by-products that are not fully cooked, including eggs and raw pet foods, sourced, processed, or packaged from the states of Missouri, Minnesota, California, Idaho, Oregon and Washington are under restriction until further notice. You may not bring these items into Canada.

These measures are a normal part of Canada’s animal disease control efforts and are consistent with international guidelines on trade.

Examples of restricted items include:

  • live birds and hatching eggs
  • eggs, yolks, egg whites (albumen)
  • poultry meat (other than fully cooked, canned, commercially sterile meat products)
  • raw pet foods containing poultry products
  • feathers
  • poultry manure and litter
  • laboratory material containing poultry products/by-products

Note: The above information is an excerpt from a March 10, 2015 publication by the CFIA.  Full contents are available at: http://www.inspection.gc.ca/animals/terrestrial-animals/imports/travellers/2015-01-26/eng/1421341696172/1421341727507

***If you import any of the above commodities and need more information on the effects of the new restrictions, please contact your Cole Technical Services Representative.

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New Seizure Policy by CBSA

Details:

The Canada Border Services Agency (CBSA) recently published Customs Notice 15-002 that details their new policy for handling significantly undervalued commercial goods imported though the Courier Low Value Shipment (CLVS) Program. The CLVS Program is intended to help simplify the process to import low value goods. The program streamlines the customs processing of shipments valued at $2,500 CAD or less and provides the courier industry with expedited release.

Most notable in the new policy is CBSA’s ability to take seizure in the exporter’s name when physical evidence is discovered that the untrue statement regarding value was made by the foreign exporter. Prior to this new policy, undervaluation seizures in the CLVS program were done in the importer’s name.

This new policy is intended to provide CBSA with a means to deter exporters from undervaluing shipments that are destined to Canada.  It also creates fairness for importers who would have previously had a seizure action completed in their name, through no fault of their own.

If importers find themselves in this situation (goods have been seized by the CBSA due to an untrue declaration of value by the exporter), they will be provided with a “Notice of Seizure” informing them of their rights to make a third-party claim.  A request for a Ministerial Decision will be required to protect their interest in the seized goods.  Cole’s experienced Consulting Department can assist in this regard. Please contact us at (403)262-2771.

 

Additional Information and Details: http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn15-002-eng.html

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Solar Panels From China

The Issue: 

 

On March 5/15, the Canada Border Services Agency (CBSA) issued a Preliminary Decision on the Dumping and Subsidizing of:

Description of Goods Usual HS Classification Country of Origin (or export)
Photovoltaic Modules (Solar Panels) 8541.40.00.22 People’s Republic of China

 

Decision Details: 

 

  • Dumping and Subsidizing have both occurred.  Temporary (provisional) duty rates ranging from 9.14 % to 286.1 % will be imposed on imports beginning March 5, 2015 The provisional duty rates differ according to exporter, and the specific rates per exporter are detailed in the following link:  http://www.cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1405/ad1405-i14-np-eng.html

 

Useful Definitions and Information:

 

The CBSA provides help to Canadian producers who face unfair foreign competition in the Canadian market place. The CBSA is responsible for the administration of the Special Import Measures Act (SIMA), which helps to protect Canadian industry from injury caused by the dumping and subsidizing of imported goods.

 

  • What is Dumping? Dumping occurs when goods are sold to importers in Canada at prices that are lower than the selling price of comparable goods in the country of export, or are sold to Canada at unprofitable prices, thereby causing potential “injury” to Canadian industries.
  • What is subsidizing? Subsidizing occurs when goods imported into Canada have benefited from foreign government financial assistance (i.e. grants, tax incentives, loans at preferential rates) thereby causing potential “injury” to Canadian industries.
  • What is “injury”? A critical factor is whether the dumped or subsidized imports are causing injury or is threatening to cause injury to the Canadian industry.  Injury may be shown by: lost sales, reduced prices, lost market share, decreased profits, etc.
  • Investigation: The investigation is a twofold process.  The CBSA investigates whether or not dumping or subsidizing has occurred, and the CITT (Canadian International Trade Tribunal) investigates whether or not injury has or will occur as a result of the dumping or subsidizing.  To continue with an investigation, both the CBSA and the CITT must have come to a positive decision.  If not, the investigation is terminated.
  • What happens when Dumping and/or Subsidy is determined to have occurred? In addition to the usual duty rate, your imported goods may be assessed an anti-dumping or countervailing duty.  This duty rate will be dependent on the degree of “injury” caused by the dumping or subsidizing, and is often substantial.

 

More Information:  

http://www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Next Steps: 

We await a final decision on the matter, and will update the website as the details are released.  If you have questions on the subject, and you are an existing Cole client, please contact your specific Cole Technical Services Representative  for assistance.  Other inquiries can be directed to Duane Bean, Senior Trade Advisor at: 403-219-2270

 

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Final SIMA Decision by CBSA on OCTG

The Issue:

On March 3/15, the Canada Border Services Agency (CBSA) made a Final Decision respecting the Dumping and Subsidy of “Certain Oil Country Tubular Goods” from specific countries.  In short, the decision details are as follows:

  1. The Subsidy Investigation (Countervailing Duty) has been terminated with respect to Certain Oil Country Tubular Goods originating in or exported from the Philippines, Thailand & Ukraine only.   If any provisional was paid on imports from these 3 Countries, it will be refunded by CBSA.
  2. The Dumping case and the Subsidy case remain and provisional duties will continue to apply on:
Description of Goods Usual HS Classification Country of Origin (or export)
Certain Oil Country Tubular Goods 7304.29.00.11 to 7304.29.00.79

7306.29.00.11 to 7306.29.00.49

7304.39.00.10

7304.59.00.10

7306.30.00.29 to 7306.30.00.39

7306.50.00.90

7306.90.00.10 to 7306.90.00.20

Dumping Case: Chinese Taipei, India, Indonesia, Philippines, Republic of Korea, Thailand, Turkey, Ukraine and Vietnam

 

Subsidizing Case: India, Indonesia, Vietnam

**Full detail of CBSA’s final decision, and related provisional duty rates can be found at: http://www.cbsa-asfc.gc.ca/sima-lmsi/i-e/ad1404/ad1404-i14-nf-eng.html.

Useful Definitions and Information:

The CBSA provides help to Canadian producers who face unfair foreign competition in the Canadian market place. The CBSA is responsible for the administration of the Special Import Measures Act (SIMA), which helps to protect Canadian industry from injury caused by the dumping and subsidizing of imported goods.

  • What is Dumping? Dumping occurs when goods are sold to importers in Canada at prices that are lower than the selling price of comparable goods in the country of export, or are sold to Canada at unprofitable prices, thereby causing potential “injury” to Canadian industries.
  • What is subsidizing? Subsidizing occurs when goods imported into Canada have benefited from foreign government financial assistance (i.e. grants, tax incentives, loans at preferential rates) thereby causing potential “injury” to Canadian industries.
  • What is “injury”? A critical factor is whether the dumped or subsidized imports are causing injury or is threatening to cause injury to the Canadian industry.  Injury may be shown by: lost sales, reduced prices, lost market share, decreased profits, etc.
  • Investigation: The investigation is a twofold process.  The CBSA investigates whether or not dumping or subsidizing has occurred, and the CITT (Canadian International Trade Tribunal) investigates whether or not injury has or will occur as a result of the dumping or subsidizing.  To continue with an investigation, both the CBSA and the CITT must have come to a positive decision.  If not, the investigation is terminated.
  • What happens if Dumping and/or Subsidy is determined to have occurred? In addition to the usual duty rate, your imported goods may be assessed an anti-dumping or countervailing duty.  This duty rate will be dependent on the degree of “injury” caused by the dumping or subsidizing, and is often substantial.

 

More Information:

http://www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

 

Next Steps: 

We await the Canadian International Trade Tribunal’s (CITT) Final Decision  on the matter which is expected on April 2, 2015.  We will update the website as the details are released.  If you have questions on the subject, and you are an existing Cole client, please contact your specific Cole Technical Services Representative  for assistance.  Other inquiries can be directed to Duane Bean, Senior Trade Advisor at 403-219-2270.

 

Provide consent today to receive more updates like this from our Cole Technical Advisor. http://marketing.cole.ca/Electronic_Communications_Consent