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eManifest Mandatory May 6, 2015...

eManifest is Mandatory as of May 6, 2015

The final step in the Government of Canada’s regulatory process making eManifest mandatory for highway carriers, rail carriers and freight forwarders legally binding is now complete.  On May 6, 2015, the necessary regulatory amendments were published in the Canada Gazette, Part II.

  • Background: eManifest is part of the Canada Border Services Agency’s Advance Commercial Information Program (ACI).  ACI is a multi-phase program that, when fully implemented will require carriers, freight forwarders and importers in all modes of transport to electronically transmit both cargo and conveyance information to CBSA within specified timeframes.  It will enable CBSA to more effectively analyze risk and identify threats prior to the arrival of cargo and conveyances in Canada.  Low risk, legitimate trade will therefore become more efficient.

As eManifest is a significant change for businesses, the CBSA is providing a period of transition to assist carriers in becoming fully compliant.  Timelines for the same can be found in the following links:

Highway Carriers:  http://www.cbsa-asfc.gc.ca/prog/manif/reqhc-extr-eng.html

Rail Carriers: http://www.cbsa-asfc.gc.ca/prog/manif/reqrailc-extfer-eng.html

Freight Forwarders: http://www.cbsa-asfc.gc.ca/prog/manif/reqfrfwdrs-extransitaires-eng.html

Importers: It is not yet mandatory for importers to transmit advance trade data electronically as CBSA does not have the electronic systems in place.  They are expected to be available in the fall of 2016.  More detailed information about registration, testing and timelines will be communicated in a timely manner prior to becoming mandatory.   Cole will keep you informed as information becomes available.

More Information:

http://www.cbsa-asfc.gc.ca/prog/manif/faq-eng.html

http://www.cbsa-asfc.gc.ca/prog/manif/contact-eng.html#tabs1_5

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Update for Food Importers, Exporters & Producers

The Canadian Food Inspection Agency (CFIA) has advised that their anticipated implementation date (June 2015) for changes resulting from passage of the Safe Foods For Canadians Act has been delayed.  More time is needed to review the regulations with respect to businesses that are affected by the changes. Revised, proposed regulations are expected in the Canada Gazette in 2016 (exact dates are unknown).

Please see Cole’s original post on the subject here:

http://www.coleintl.com/news/update-for-food-importers-exporters-producers/

To learn more or provide feedback to the CFIA on this issue, please visit:

http://www.inspection.gc.ca/about-the-cfia/acts-and-regulations/regulatory-initiatives/sfca/food-safety-systems/eng/1426531180176/1426531265317

Cole continues to monitor the situation for the latest information and will update you as it becomes available.

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UPDATE: Pet Food & Pet Treat Imports From USA

On April 8, 2015, Cole advised that the Canadian Food Inspection Agency (CFIA) had announced that the requirement for import permits for certain pet foods and pet treats from the USA were being phased out.  Since then, the CFIA has issued a further bulletin on the matter with some changes and clarifications regarding processed “non-bovinae” pet food and treats as follows:

 

~~ IMPORTANT CLARIFICATION ~~

 

Please note that CFIA import permits for PROCESSED “NON-BOVINAE” PET FOOD AND TREATS FROM THE USA FOR COMMERCIAL SALE OR RE-SALE IN CANADA (those not containing bovine ingredients) will be extended to be valid until August 30,2015.

PET FOODS NOT CONTAINING BOVINAE INGREDIENTS MANUFACTURED IN USDA APPROVED “BOVINAE” FACILITIES WILL NO LONGER REQUIRE AN IMPORT PERMIT; HOWEVER, EACH SHIPMENT MUST BE ACCOMPANIED BY AN ORGINAL USDA/APHIS EXPORT CERTIFICATE ATTESTING TO CFIA’S IMPORT REQUIREMENTS. PLEASE REFER TO THE CFIA AUTOMATED IMPORT REFERENCE SYSTEM FOR CONDITIONS. 

The CFIA is planning to remove the requirement of an import permit for all processed (heat-treated and shelf stable) pet foods containing animal products and by-products, including pet foods not containing bovine ingredients.

The implementation date for the removal of the import permit by a zoosanitary export certificate from the USDA will be decided after April 30, 2015, which is the closing date for the 60 day stakeholder consultation period.

Please note: Import Permits will continue to be required for:

  • raw pet diets containing animal products and by-products that are not heat-treated/shelf stable and
  • processed pet foods and diets containing animal products and by-products, imported for use in laboratories, as samples for analysis, research and/or diet trials
  •  supplements, vitamins and minerals for pets

See Original Post from April 8, 2015

 

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Pet Food & Treats From USA, Changes to Import Permit Requirements

The Canadian Food Inspection Agency (CFIA) has advised that the requirement for import permits for certain pet foods and pet treats from the USA are being phased out.  They have issued a “Notice to Importers” in this regard as follows:

 

Notice to Importers of Processed Pet Food From the USA

1.  CONTAINING BOVINAE INGREDIENTS 

Please note that as of April 15, 2015, import permits will no longer be required for PROCESSED PET FOOD AND TREATS FROM THE USA CONTAINING BOVINAE INGREDIENTS FOR COMMERCIAL SALE OR RE-SALE IN CANADA.

Import permits for these commodities that have expired or are due to expire before this date will be extended to April 15, 2015. The CFIA Centre of Administration (CoA) is currently amending the expiry dates on import permits for import permit renewal applications received to-date. The expiry dates for these renewals will be updated and these permits will be reissued in priority sequence. Shipments arriving before April 15, 2015 without a valid import permit will be refused entry.

Please note:  Import Permits will continue to be required for:

    •  raw pet diets containing animal products and by-products that are not heat-treated/shelf stable and;
    • processed pet foods and diets containing animal products and by-products, imported for use in laboratories, as samples for analysis, research and/or diet trials (not for commercial sale)

 

2. NOT CONTAINING BOVINE INGREDIENTS 

CFIA import permits for PROCESSED “NON-BOVINAE” PET FOOD AND TREATS FROM THE USA FOR COMMERCIAL SALE OR RE-SALE IN CANADA (those not containing bovine ingredients) will be extended to be valid until June 30,2015.

The CFIA is planning to remove the requirement of an import permit for all processed (heat-treated and shelf stable) pet foods containing animal products and by-products, including pet foods not containing bovine ingredients. The implementation date for the removal of the import permit by a zoosanitary export certificate from the USDA will be decided after April 30, 2015, which is the closing date for the 60 day stakeholder consultation period.

Please note: Import Permits will continue to be required for:

  • raw pet diets containing animal products and by-products that are not heat-treated/shelf stable and
  • processed pet foods and diets containing animal products and by-products, imported for use in laboratories, as samples for analysis, research and/or diet trials (not for commercial sale)

Questions can be directed to:  

Your Cole Technical Services Representative, or CFIA Animal Import Export Division Animal Products and By-Products Section This email address is being protected from spambots. You need JavaScript enabled to view it.

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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.

 

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