Trade Clippings

  • October 05, 2020

Dear Members of the CBA International Law Section, here are the international trade and investment articles and publications of interest for the month of September 2020.This month’s edition has been prepared by Ewa Gosal. Ewa is the Secretary of the Section Executive.


Huawei CFO lawyers say Trump's comments have tainted U.S. extradition case Reuters (September 30, 2020)
Lawyers for Huawei Chief Financial Officer Meng Wanzhou told a court on Wednesday that U.S. President Donald Trump’s interference has complicated her extradition case as they pushed to add another charge to the abuse of the process claims.

The arguments came on the last day of a series of hearings, which began on Monday in the British Columbia Supreme Court in Vancouver, as part of Meng’s extradition case expected to last until April 2021.

Rebar suppliers bracing for import anti-dumping investigation Journal of Commerce (September 25, 2020)
The Canadian Border Service Agency initiated an  investigation on  the alleged dumping of certain concrete reinforcing bar from the People’s Democratic Republic of Algeria, the Arab Republic of Egypt, the Republic of Indonesia, the Italian Republic, the Federation of Malaysia, the Republic of Singapore and the Socialist Republic of Vietnam. The Canadian International Trade Tribunal will be conducting a parallel investigation of the alleged injurious effects to the domestic industry. If there is an affirmative finding, duties could be imposed on imports for a five-year period.

President Trump Clears Hurdle for Alaska-Alberta Rail Corridor Newswire (September 29, 2020)
President Donald Trump issued a Presidential Border Crossing Permit (presidential permit) for the Alaska - Alberta Railway Corporation (A2A Rail) to lay track across the border between Alaska and Canada, a crucial step for the $17 billion USD rail line to become a reality.

Canada accused of breaching obligations under Arms Trade Treaty by allowing exports to Turkey Globe and Mail (September 22, 2020)
Canada is being accused of breaching its obligations under both domestic law and the global Arms Trade Treaty by allowing exports of high-tech imaging and targeting systems to the Turkish military. Turkish forces have faced allegations that they are violating international humanitarian law with indiscriminate air strikes that harm civilians.

Solaria Files ITC Complaint Against Canadian Solar (CSIQ) Financial Post (September 16, 2020)
On the heels of its lawsuit filed in March against CSIQ in the U.S. District Court for the Northern District of California, Solaria Corporation, a U.S. company based in Fremont, California, today announced it filed additional claims against Canadian Solar with the International Trade Commission.

Press Releases

Panel established to review China’s compliance with farm subsidy ruling WTO (September 28, 2020)
China submitted its second request for a dispute panel to determine whether it has complied with a World Trade Organization (“WTO”) ruling regarding China's domestic support for agricultural producers. China's first request was blocked at a meeting of the Dispute Settlement Body on August 28.

Statement by Minister Ng on U.S. decision to appeal WTO panel report on Canadian softwood lumber GAC (September 28, 2020)
Canada is disappointed that the United States decided to appeal last month’s WTO panel report, which found the countervailing duties against Canada to be inconsistent with the United States’ WTO obligations.
Read Canada’s remarks at the WTO Dispute Settlement Body meeting regarding the panel report and the U.S. decision to appeal.

Ex-premiers lobby Trudeau over ag exports to Europe Londoner (September 22, 2020)
Five former premiers have written to Prime Minister Justin Trudeau asking him to take direct action to fix problems with the Canada-European Union trade deal that they say are thwarting Canadian agri-food sales to the 27-country market, reports the Globe and Mail.

Minister Ng and G20 trade ministers meet to advance recovery of global trade and investment GAC (September 22, 2020)
The G20 ministers committed to ensuring the rules-based international trading system, with the WTO at its core, is stable and predictable and that everyone—including small businesses and women entrepreneurs—can access the benefits of trade.

Ambassador CONG Peiwu Delivers a Keynote Speech on the 10th National Forum on Canada-China Economic Policy Chinese Embassy in Canada (September 19, 2020)
On September 18, Ambassador Cong Peiwu attended the 10th National Forum on Canada-China Economic Policy Webinar and delivered a speech on the experiences and lessons learned throughout China-Canada relationship, the state of China's economic development and policies, and the future path of trade cooperation between China and Canada.

Remarks by the Minister of Small Business, Export Promotion and International Trade on the removal of U.S. tariffs on Canadian aluminum GAC (September 15, 2020)
On August 6, the United States announced its decision to re-impose unjustified and unacceptable section 232 tariffs on Canadian aluminum products. On September 15, 2020, the United States announced their intention to drop these tariffs on imports of Canadian aluminum retroactive to September the 1st 2020. Canada welcomes this decision.

Canada prohibits goods made from forced labour with additional modern slavery legislation in the works Dentons (September 14, 2020)
On July 1, 2020, the Canada-United States-Mexico Agreement (“CUSMA”) and the corresponding Canadian legislative amendments that support Canada’s compliance with CUSMA entered into force. This included an amendment to Canada’s Customs Tariff, which bans goods made by forced labor from entering Canada.
This amendment complements existing legislative efforts in Canada that is currently working its way through Parliament aimed at supply chain transparency to support the elimination of modern slavery.

Plan of Action to Implement the Joint Declaration on ASEAN-Canada Enhanced Partnership (2021-2025) ASEAN (September 12, 2020)
This Plan of Action guides implementation of the goals and objectives of the Joint Declaration on ASEAN-Canada Enhanced Partnership, adopted by the ASEAN Post Ministerial Conference (PMC+1) with Canada on 22 July 2009, with a focus on areas where ASEAN and Canada have expertise and mutual interests.

Opinions and Editorials

Kelly Ogle: a 'northern corridor' to put Canada back on the map National Post (September 23, 2020)
Could a mega project like the Canadian Northern Corridor provide a bold, new approach to unlock the potential of our renewable and non-renewable resource base?

Air Canada may never recover, this fund manager says Cantech Letter (September 23, 2020)
Even though AC may bounce back when travelers return to the skies the company’s better days are likely behind it.


Trade trends update 2020 Dentons (September 9, 2020)
Since early 2020, there have been three major drivers to the trade agenda: COVID-19, the rapid deterioration and corresponding decoupling of the US-China relationship, and the US’ continued nationalist approach to trade. Most international trade, notwithstanding these major drivers, including goods and services crossing borders, trade agreements, and related disputes, continues to work in the normal course.