Tax & Trade Blog

On December 12, 2022, the Canada Border Services Agency (“CBSA”) issued a notice that it will be conducting a normal value review of refined sugar exported from the US by United Food Group Inc. (“United”).

Unlike re-investigations, where the CBSA reviews and redetermines normal values for all exporters in the industry, in a normal value review CBSA will only review the normal values of the named party – in this case United. (That said, CBSA will sometimes conduct normal value reviews in respect of 2-3 exporters at around the same time and may sync up their schedules so it issues decisions more or less at the same time.)

If a person intends to carry CAD $10,000 or more in Cash over Canada’s border (either entering or exiting Canada), the person carrying the cash must declare the amount being carried to Canadian Border Services Agency (“CBSA”). If a CBSA officer determines that a traveller is carrying undeclared cash and suspects that it may be proceeds of a crime, the CBSA may seized the cash and hold it until the matter is proven otherwise. A recent Federal Court decision in Evans v Canada (Public Safety and Emergency Preparedness), 2022 FC 1516 (“Evans”) serves notice that while there are appeal mechanisms available, it can be extremely difficult to overturn these seizures.

On November 28, 2022, the Canadian international Trade Tribunal (“CITT”) issued a notice that it will be conducting an expiry review of its finding regarding stainless steel sinks originating or exported from China. Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by December 13, 2022!

Both domestic producers and exporters should consider participating in the expiry review, as current anti-dumping duties (“ADDs”) for goods without a normal value are 103.1%, and countervailing duties (“CVDs”) are 264.94 Renmibi per unit!

On November 3, 2022, the Canadian International Trade Tribunal (“CITT”) released reasons in respect of its October 19th Expiry Review Order. The Order continued the CITT’s original 2017 finding that the dumping of gypsum board originating in or exported from the United States has caused injury to Canadian domestic injury.

The Order effectively means that the current anti-dumping duties (“ADDs”) of up to 324.1% will remain in place for Subject Goods originating in or exported from the United States.

On October 31, 2022, the Canadian Border Services Agency (“CBSA”) issued a notice that it will be conducting a re-investigation in respect of corrosion-resistant steel sheet (“COR”) imported from China, Chinese Taipei (i.e., Taiwan), India and South Korea (the “Listed Countries”). CBSA has issued a Request for Information (“RFI”) to both exporters and importers, and responses are due December 7, 2022!

Normal values established during the re-investigation will be effective as of the end date of the re-investigation, and all normal values currently in place will expire on that date.