Trade News

Decision and reasons issued Tuesday, January 18, 2011 IN THE MATTER OF an appeal heard on October 28, 2010, 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 February 5, 2009, with respect to a request for review of an advance ruling pursuant to subsection 60(4) of the Customs Act. BETWEEN WOLSELEY CANADA INC. Appellant AND

Members may be interested in the following, published on 22 January, 2011, in Part I of the Canada Gazette. 1. Canadian International Trade Tribunal. Appeal regarding classification of BEKA Capillary Tube Mats. Olympic International Agencies Ltd. v. President of the Canada Border Services Agency. Date of Hearing: February 15, 2011. http://www.gazette.gc.ca/rp-pr/p1/2011/2011-01-22/html/commis-eng.html#…

Appeal No. Appeal Name Act AP-2008-012R P.L. Light Systems Canada Inc. Customs Act AP-2009-045 Sher-Wood Hockey Inc. Customs Act AP-2009-072 Rona Corporation Inc. Customs Act AP-2009-073 Ingram Micro Inc. Customs Act AP-2009-076 Rutherford Controls International Corp. Customs Act

The following is a 24 January 2011 news release by Reuters Canada. Canadian National Railway Co has reached tentative contract agreements with the Canadian Auto Workers union, and the CAW dropped its threat to launch a strike on Tuesday, the company said on Monday. CN said it would release details of the pact after ratification, which the union expects before the end of February.

The following is excerpted from a 21 January 2011 news release by Reuters Canada. A binding arbitration panel has ruled Canada has again breached its softwood lumber deal with the United States, this time with aid offered by provincial governments in Quebec and Ontario, the U.S. trade representative said on Friday. It marks the second recent win for the United States at the London Court of International Arbitration on the perennially thorny trade issue. It won a similar case at the tribunal in 2009, and last week launched a third case.

The following is a 19 January 2011 news release by Transport Canada. The Honourable Chuck Strahl, Minister of Transport, Infrastructure and Communities, today released the following statement following Michigan Governor Rick Snyder’s State of the State address. “Governor Snyder’s strong support for the Detroit River International Crossing is a welcome step that will allow us to move forward with this critical infrastructure project that is so important to the economies of Michigan and Ontario, and of the United States and Canada.

Chapter 07 was published to change the release recommendation from "Refer to CFIA - US Meat Shipments" to "Refer to CFIA- ISC" for Connecticut, D.C., Maine, Massachusetts, New Hampshire, Pennsylvania, Rhode Island, Vermont and Wyoming to British Columbia, for the following HS Code with the end use of "Human Consumption". 07.03.10.3001.01 - Onions, green (fresh or chilled) Please check your version number before submitting through EDI. If you have any questions, please contact your Import Service Centre.

The following is excerpted from the 21 January 2011 edition of The Journal of Commerce ”joc.com”. Canadian imports are slowing, but accelerating exports give ports a reason to grow Canada came out of the gate last year with stronger economic growth than its huge neighbor to the south, so its ports benefited from trade volume that rebounded from a mostly dismal showing in 2009.

The following is a 20 January 2011 news release by Reuters Canada. The federal government does not appear to be taking the steps needed to freeze departmental operating budgets as promised, the country's parliamentary budget officer said on Thursday. Finance Minister Jim Flaherty's 2010 budget said that spending at federal departments would be frozen at 2010-11 levels for the following two years, as part of the Conservative government's deficit-reduction plan.

The following is excerpted from a 21 January 2011 news release by Reuters Canada. Canadian retail sales showed surprising resilience in November and posted their biggest gain in eight months, beating analysts' expectations and boosting optimism about the strength of the economy. Retail sales rose 1.3 percent and marked a sixth straight month of gains, Statistics Canada said on Friday. It was the biggest increase since March 2010. Markets had expected a 0.5 percent rise, according to the median forecast in a Reuters poll.

The following is excerpted from a 21 January 2011 news release by Reuters Canada. A shift by investors in commodity currencies should see the Canadian dollar outperform its close rivals, buoyed by a hawkish interest rate outlook, high oil prices and an improving picture for the U.S. economy. The Bank of Canada may have sounded a less hawkish tone than some had been anticipating when it kept interest rates on hold on Tuesday, but most Canadian primary dealers still see a rate hike coming in the first half of the year, according to a Reuters poll.

The CSCB is often requested by members to find the status of a D-Memo that no longer appears on CBSA’s website. As a result, we have found the following with respect to D10-14-11 and D10-14-57. Members will be advised should additional information be provided by CBSA. D10-14-11 (Canadian Goods and Goods Once Accounted For, Exported and Returned)

The following is a 19 January 2011 news release by Treasury Board of Canada Secretariat. The Honourable Stockwell Day, President of the Treasury Board and Minister for the Asia‑Pacific Gateway, today resumed a series of roundtables launched last summer on Canada's economic future. He met with representatives of small businesses and local organizations from Markham and Kitchener to discuss ways to build on Canada's strong financial position and keep the country on the road to a strong recovery.

The following is a 20 January 2011 news release by Transport Canada. The Honourable Chuck Strahl, Minister of Transport, Infrastructure and Communities, today delivered a keynote address to members of North America’s commercial marine industry during the Chamber of Marine Commerce (CMC) Marine Club luncheon.

As you are aware, both the Federal (DFAIT) and B.C. (BC MFML) governments have moved to a 180 day surplus period within the last few weeks. Due to differences between BC MFML's paper-based system and DFAIT's electronic system, the two governments were not able to put this change into effect on the same day. As a result the booms advertised on December 10, 2010 Federal Bi-weekly List were granted a surplus period of 120 days while the booms advertised on the December 9, 2010 Provincial Bi-weekly were granted a surplus of 180 days.

The following is from the 19 January 2011 edition of the "American Shipper". The United States on Tuesday requested arbitration with Canada under the 2006 Softwood Lumber Agreement (SLA) regarding the underpricing of timber harvested from public lands in the Interior region of British Columbia.

CCS Designates are advised that three quizzes will be available during 2011 on the following dates:

a) Chapter 13 was published to: i) add new OGD extensions: 13.02.32.6000 - Guar mucilage 13.02.32.6100 - Locust bean gum ii) add conditions for "Livestock feed" to the following HS Codes: 13.01.20 - Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams) - Gum Arabic 13.01.90 - Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams) - Other 13.02.31 - Mucilages and thickeners, whether or not modified, derived from vegetable products: Agar-agar

Softwood Lumber interim quota allocations for FEBRUARY 2011 are now available in EICS. Please be advised that the volume available currently represents 80% of the actual February allocation.