Trade News

Members may be interested in the following, published on 19 November 2011 in Part I of the Canada Gazette. 1. Under the Customs Act, an appeal to the Canadian International Trade Tribunal. HBC Imports c/o Zellers Inc. v. President of the Canada Border Services Agency. Appeal No.: AP-2011-018 Goods in Issue: Snow Boogie® Astra sleds Tariff Item at Issue: HBC Imports c/o Zellers Inc.—9503.00.90 President of the Canada Border Services Agency—9506.99.90

As of December 10, 2011, there will be new requirements for all aquatic animals (finfish, molluscs and crustaceans) imported into Canada. These new import permit requirements represent a significant regulatory change for importers of aquatic animals to Canada. Because of this, the Canadian Food Inspection Agency (CFIA) is implementing a Stream of Commerce Policy. The policy will be in effect until December 10, 2012 to allow for a transition period before the import permit requirements are enforced.

Decision and reasons issued Friday, November 18, 2011 IN THE MATTER OF an appeal heard on September 13 and 14, 2011, pursuant to subsection 61(1) of the Special Import Measures Act, R.S.C. 1985, c. S-15; AND IN THE MATTER OF decisions of the President of the Canada Border Services Agency, dated December 13, 2010, with respect to requests for re-determination pursuant to section 59 of the Special Import Measures Act. BETWEEN TOYOTA TSUSHO AMERICA, INC. Appellant AND THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY

Appeal No. Appeal Name Act AP-2009-014 Transport Desgagnés Inc. Customs Act AP-2010-036 Accessoires Sportracks Inc. de Thule Canada Inc. Customs Act AP-2010-037 Great West Van Conversions Inc. Customs Act AP-2010-046 VGI Village Green Imports Customs Act AP-2010-060 Outdoor Gear Canada Customs Act AP-2010-065 Beckman Coulter Canada Inc. Customs Act

Bulletin - PKI Maintenance Schedule (EICS Web and EDI) : The PKI Certificate Authority (ICM) is scheduling system maintenance during the weekend of 18-20 November 2011. The PKI Directory Service will be transferred to a back-up system on Friday, November 18, 2011 between 20:00 and 24:00 hrs (midnight) ET, and will revert to the main system on Sunday, November 20, between 14:00 and 18:00 hrs ET. PKI services may be intermittently unavailable during these switchovers.

The following is excerpted from an 18 November 2011 news release by Foreign Affairs and International Trade Canada.

The following is excerpted from the 18 November 2011 edition of Reuters Canada. Canada's annual inflation rate moderated in October from a near three-year high in September but came in higher than forecast, scaling back market expectations of a central bank interest rate cut. The consumer price index (CPI) rose 2.9 percent in October from a year earlier, easing from 3.2 percent in September as gasoline prices rose at a slower year-on-year pace, Statistics Canada said on Friday... This article is available in its entirety at:

The following is a CBSA message (EDI11-071) The following is to advise that the ACI Marine Electronic Commerce Client Requirements Document (ECCRD) has been updated to its latest version (3.3) and posted to the Electronic Commerce Unit Web site: www.cbsa-asfc.gc.ca/eservices/eccrd-eng.html A Revision list outlining the changes between version 3.2 and 3.3 is available for download as well at the same site.

Members are advised that the following policies on animal health have been amended: Import Policies - General http://www.inspection.gc.ca/english/anima/heasan/pol/pole.shtml#gen AMENDED- International Waste Directive http://www.inspection.gc.ca/english/anima/heasan/pol/ie-2002-17e.shtml

The following is a CBSA message (EDI11-070) Saturday, November 19th, 2011 Partial EDI Outage: For maintenance purposes, the following EDI applications will be unavailable from 04:30 to 06:00 (Eastern Time) AND from 15:00 to 17:00 (ET): Electronic Releases, RNS, CSA, ACI Marine, ACI Air, ACI eManifest Highway as well as Rail and Highway Cargo. Please note that CADEX and CUSDEC B3 processing will not be affected by this outage, except between 05:00 and 05:30 (ET) as indicated below. CCS / CADEX Outage:

The following is excerpted from a 16 November 2011 news release by Canada Border Services Agency. The President and Vice-Chancellor of Concordia University, Dr. Frederick Lowy, together with Mr. Luc Portelance, the President of the Canada Border Services Agency (CBSA), today co-signed a memorandum of understanding that connects the university to the Public Service of Canada through a collaboration that supports education, research and professional training.

The ACROSS EDI release requests received report for October 2011 is available on the CSCB website at: http://cscb.ca/sites/default/files/repository/Monthly_EDI_Release_Repor… The national EDI percent was 94.4%. __________________________________________________

IN THE MATTER OF an appeal heard on June 16, 2009, pursuant to subsection 67(1) of the Customs Act, R.S.C. 1985 (2d Supp.), c. 1; AND IN THE MATTER OF a judgment of the Federal Court of Appeal, dated September 9, 2010, which set aside the decision of the Canadian International Trade Tribunal in Appeal No. AP-2008-012, dated September 16, 2009, and remitted the matter to the Canadian International Trade Tribunal. BETWEEN P.L. LIGHT SYSTEMS CANADA INC. Appellant AND THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent

Decision and reasons issued Tuesday, October 25, 2011 IN THE MATTER OF an appeal heard on June 28, 2011, pursuant to subsection 67(1) of the Customs Act, R.S.C. 1985 (2d Supp.), c. 1; AND IN THE MATTER OF a decision of the President of the Canada Border Services Agency, dated November 4, 2010, with respect to a request for review of an advance ruling pursuant to subsection 60(4) of the Customs Act. BETWEEN RLOGISTICS LIMITED PARTNERSHIP Appellant AND THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent

The following is from the 14 November 2011 edition of American Shipper. (Readers respond to “Cordero: Demurrage fees deserve FMC attention,” AS Daily, Sept. 22.) From Richard Collins, principal, Dracmarine Ltd. LLC, Bowling Green, Ky. Expenses, damages or delays caused by U.S. Customs at ports of entry should be covered by Customs.

The following is excerpted from the 15 November 2011 edition of CBC News. The Harper government's sudden desire to be part of a potentially sweeping new free-trade deal with Asia-Pacific countries and the U.S. could have far-reaching consequences for ordinary Canadians, possibly affecting everything from milk prices and cellphone rates to foreign takeovers and internet regulation... This article is available in its entirety at:

The following is excerpted from the 16 November 2011 edition of The Montreal Gazette. It was in late March of 2003, weeks after the U.S. military invaded Iraq, that then-U.S. ambassador Paul Cellucci delivered the bombshell: "There may be short-term strains here," he told an aghast bluechip Canadian business audience. "You'll have to wait and see."

The following is excerpted from a 16 November 2011 news release by Export Development Canada. Alberta’s international exports are forecast to grow by another 2 per cent in 2012 following 2011’s estimated 18 per cent surge, according to a Global Export Forecast by Export Development Canada (EDC).

The following is excerpted from the 11 November 2011 edition of the Ottawa Citizen. Planning on taking a trip south this winter? Passport. Check. Sunscreen. Check. Tacky Hawaiian shirt. Check. Individual Rights. Check? If you are like most people, you may not know what rights you have as a traveller, either as a foreign or Canadian citizen, at the Canadian border. For example, did you know that, of all the upcoming situations that will be canvassed in this column, the time you will find yourself with the most limited legal rights is at the border?...