Reason to Believe

The CSCB recently asked the CBSA to clarify whether or not information contained in Customs Notices constitutes "Reason to Believe", with respect to the Reassessment Policy. CBSA has indicated that Customs Notices are not Reason to Believe; the text of their response follows. Comments or questions can be forwarded to the CSCB at: [email protected].

D11-6-10, Reassessment Policy provides some examples relating to rulings as reason to believe. Specifically, paragraph 15 states "where an importer did not have specific information on the issue available before receiving the ruling, he/she will be required to make any future declarations in accordance with the ruling from the date it was issued. In this case, the ruling becomes the importer's specific information that gives him or her reason to believe..." It is always the earliest information that gives importers reason to believe.

... the importer who received a ruling on tariff classification would be required to follow the ruling from the date it was issued provided that previous information was not available to the importer.

The CBSA's interpretation of "specific information" that would be considered an importer's reason to believe is set out in paragraph 21 of D11-6-6, Self-Adjustments to Declarations of Origin, Tariff Classification, Value for Duty, and Diversion of Goods. Published directives or policies, for example, Customs Notices and D-Memoranda, are not considered legislative provisions under paragraph 21(a) of D11-6-6. In cases where they refer to already specific legislative provisions, it is the legislative provision itself that constitutes reason to believe.

Customs Notices are not considered legislative provisions under paragraph 21(a) of D11-6-6; therefore, the importer is not required to make a correction pursuant to section 32.2 of the Customs Act unless there is previous specific information available to the importer.

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Officers could carry their guns across border

This article is excerpted from the 26 June 2007 edition of “The Globe and Mail”.

The federal government is proposing to ease restrictions on foreign law-enforcement officers who carry weapons into Canada.

In a reciprocal agreement with the United States, the regulation would exempt officers, including police and air marshals, from a “foreign state” from having to obtain permits for side arms.

The changes could mean that both domestic and foreign officers could enter and leave Canada with their weapons without having to get an import and export permit. Currently, police officers from other countries can bring weapons into Canada only in extreme circumstances, such as when accompanying a head of state on an official visit.

While some say the regulation would lead to a safer border, others suggest it could have broad implications for gun control in Canada and could lead to dangerous situations.

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Directive D-07-03 - Plant Protection (Phytosanitary) Import Requirements to Prevent the Entry of Epiphyas postvittana (Walker) (light brown apple moth)

The Directive D-07-03 "Plant Protection (Phytosanitary) Import Requirements to Prevent the Entry of Epiphyas postvittana (Walker) (light brown apple moth)" is now available on the Web at http://www.inspection.gc.ca/english/plaveg/protect/dir/directe.shtml.

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Fact Sheet - Regulation of Imported Fish and Seafood Products in Canada

This fact sheet was published by the CFIA on 25 June, and is available in its entirety at: http://www.inspection.gc.ca/en