Trade Clippings June 2021

  • July 15, 2021

Dear Members of the CBA International Law Section, here are the international trade and investment articles and publications of interest for the month of June 2021.This month’s edition has been prepared by Chris Scheitterlein. Chris is an associate working in the area of international trade law at McMillan LLP and volunteers with the Communication Committee of the Section.


Canadian exporter confidence rebounds to 20-year high - EDC index Reuters (June 24, 2021)

Confidence among Canadian exporters has surged to its highest level in more than 20 years, amid mounting optimism that a sustained global economic recovery is underway, a survey by Export Development Canada (EDC) showed on Thursday. EDC's Trade Confidence Index jumped 19% from end-2020 to mid-2021, the largest 6-month increase since the survey began in 1999.

Canada’s canola farmers hope WTO complaint against China can ease costly blocks on seed exports South China Morning Post (June 27, 2021)

Canola farmers in Canada hope the escalation of a complaint to the WTO over restrictions placed on its seed exports to China, which have been in effect for over two years, can help resolve the issue that is estimated to have already cost the industry up to US$1.9 billion.

Canadian lumber mills want new deal with U.S — and their money back Politico (June 22, 2021)

Canadian Prime Minister Justin Trudeau raised concerns about the U.S. duties when he met with President Joe Biden on the sidelines of the recent G-7 summit, but so far, the Biden administration hasn’t given into pleas to negotiate a new deal.

Political calendar could push start of Canada-U.K. trade talks to 2022 Hill Times (June 30, 2021)

When the Canada-U.K. Trade Continuity Agreement was reached, both sides agreed to return to the negotiating table in 2021. But the Liberals' pledge to table a notice of intent and potential election call could scuttle timeline.

Trudeau's Asia strategy is shifting after India and China deals proved difficult to tackle Financial Post (June 28, 2021)

The start of formal trade talks between Canada and Indonesia represent the most significant negotiations started by Prime Minister Justin Trudeau’s government and a strategic shift in the Liberals’ approach to Asia.

Press Releases & Governmental Notices

Canada and CPTPP parties agree to commence accession process with United Kingdom Global Affairs Canada (GAC) (June 2, 2021)

The Honourable Mary Ng, Minister of Small Business, Export Promotion and International Trade, met with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) members to discuss the United Kingdom’s application to join the CPTPP. They agreed to establish an Accession Working Group to begin negotiations with the U.K. on its proposed membership.

Joint Statement by Canada, the European Union, United Kingdom, and United States on the announcement of new sanctions against Belarus GAC (June 21, 2021)

Canada, the European Union (EU), United Kingdom, and United States have taken coordinated sanctions action in response to the May 23rd forced landing of a commercial Ryanair flight between two EU member states and the politically motivated arrest of journalist Raman Pratasevich and his companion Sofia Sapega, as well as to the continuing attack on human rights and fundamental freedoms. 

Statement by Minister Ng regarding United States tariffs on Canadian solar products GAC(June 18, 2021)

Canada has requested a dispute settlement panel to address the United States safeguard tariffs of 18% on Canadian solar products. According to Minister Ng, these tariffs are unwarranted and damaging to the global competitiveness of long-established, secure, and deeply integrated supply chains.

Minister Ng marks first anniversary of Canada-United States-Mexico Agreement with U.S. and Mexican counterparts GAC (June 30, 2021)

The Honourable Mary Ng joined Katherine Tai, United States Trade Representative, and Tatiana Clouthier Carrillo, Mexico’s Secretary of Economy, to mark the first anniversary of the Canada-United States-Mexico Agreement (CUSMA) coming into force. Minister Ng highlighted the dynamic trade relationship and deeply integrated supply chains that allowed for essential trade to continue during COVID-19 will also be the foundation for a sustainable and inclusive recovery and will strengthen North American competitiveness.

Concrete Reinforcing Bar - RB4 2020 IN Canada Border Services Agency (June 2, 2021)

On June 2, 2021, the Canada Border Services Agency (CBSA) made a final determination of dumping regarding certain concrete reinforcing bar from Oman and Russia. The Canadian International Trade Tribunal (CITT) published its finding on July 2, 2021 that the dumping of rebar from Oman and Russia had not caused injury but is threatening to cause injury to domestic producers. The CBSA’s Statement of Reasons concerning the final determination was published on June 17, 2021.

Container Chassis – CC 2021 IN CBSA (June 10, 2021)

On June 10, 2021, the CBSA initiated a dumping and subsidy investigations into container chassis from China following a complaint filed by Max‑Atlas Equipment International Inc. The preliminary injury was initiated by the CITT the following day. The Statement of Reasons for the initiation of the investigations was published by CBSA on June 25, 2021.

Oil Country Tubular Goods – OCTG3 2021 IN CBSA (June 30, 2021)

On June 30, 2021, the CBSA initiated an investigation into the dumping of oil country tubular goods from Mexico following a complaint filed by Evraz Inc. NA Canada (Regina, SK) and Welded Tube of Canada Corp.

Certain Whole Potatoes – Expiry Review No. RR‑2020-002 CITT (June 2, 2021)

One June 2, 2021, the  CITT continued its order in respect of whole potatoes, originating in or exported from the United States, for use or consumption in the province of British Columbia, excluding seed potatoes, and excluding whole potatoes with netted or russeted skin in non‑size A, originating in or exported from the state of Washington.

Certain Small Power Transformers Canadian – PI‑2021-001 CITT (June 14, 2021)

On June 14, 2021, the CITT determined that there is a reasonable indication that the dumping of small power transformers from Austria, Taiwan and Korea has caused injury or is threatening to cause injury to the domestic industry.

Opinions & Editorials

Protectionism, China, supply-chain disruption driving work in international trade and investment law Law Times (June 28, 2021)

Despite the “America is back” rhetoric from the Biden White House, protectionism continues to erect trade barriers and fuel disputes – including between North American trade partners. Backlash against Chinese government trade practices is continuing. And supply chains are being disrupted, from COVID-19, as well as heightened scrutiny from governments to counter human rights abuses.

CBSA Proposes Far-Reaching Changes To Canadian Customs Valuation Law Darrel H. Pearson, Sabrina A. Bandali, Bennett Jones (June 24, 2021)

The federal government of Canada included a number of provisions in its 2021 budget that would impact international trade and customs regulation in Canada. Among these were changes to customs valuation, which would significantly alter the criteria applied to determine the relevant sale transaction, and therefore the basis upon which customs duties (and GST) are calculated.

Federal Procurement Basics #2: The Many Grounds for Federal Procurement Challenges: A ‘Keeping It Simple’ Summary Peter Jarosz, McMillan LLP (June 1, 2021)

The CITT oversees procurement by the federal government. In doing so, the Tribunal has published hundreds of decisions on variety of complaints by suppliers. The Tribunal, while giving due deference to the technical expertise of government procurement decision-makers, endeavours to protect the principles of fair and open procurement agreed to by the federal government in the many trade agreements which cover government procurement. This update covers some examples, which can give rise to procurement challenges.

Indonesia Free Trade Agreement a Possibility as Canada Looks to the Indo-Pacific Leighton G. Luke, Indo-Pacific Research Programme (June 22, 2021)

Indonesia and Canada have commenced negotiations for a free trade agreement or, as it is known officially, the Indonesia-Canada Comprehensive Economic Partnership Agreement (ICA-CEPA). The announcement was made jointly and simultaneously by Indonesian Trade Minister Muhammad Lutfi and Minister Ng, on 20 June (Ottawa time). The first round of negotiations is expected to commence later this year.