Trade Clippings January 2022

  • February 09, 2022

Dear Members of the CBA International Law Section, here are the international trade articles and publications of interest for the month of January 2022.This month’s edition has been prepared by Susana Lee. Susana is an international trade lawyer at Cassidy Levy Kent LLP and the current Secretary of the Section.


WCO dedicates 2022 to Scaling up Customs Digital Transformation by Embracing a Data Culture and Building a Data Ecosystem, except from the World Customs Organization (January 26, 2022)

The Secretary General of the World Customs Organization (WCO), Dr. Kunio Mikuriya, announced that this year’s International Customs Day (ICD), which is marked annually on 26 January, will be celebrated under the slogan: “Scaling up Customs Digital Transformation by Embracing a Data Culture and Building a Data Ecosystem”. The global Customs community is invited to implement the theme throughout this year and beyond, and reflect on how best to operate in a fully digital environment and create an operating model that captures and exploits data from across the trade ecosystem.

Alberta premier says massive blockage preventing access to U.S. border ‘must end’, excerpt from CBC News (January 30, 2022)

On January 30, 2022, Alberta Premier Jason Kenney called for a massive vehicle blockade preventing access to the Canada-U.S. border crossing to end, saying it is causing "significant inconvenience for lawful motorists.” Truckers and motorists travelling to and from the United States from southern Alberta have been caught up in gridlock as an extremely large blockade of vehicles tied to an ongoing nationwide protest over COVID-19 public health measures continues to jam border traffic.

Unvaccinated truckers entering Canada must quarantine-government, excerpt from Reuters (January 13, 2022)

Unvaccinated Canadian truckers re-entering Canada from the United States must get tested for COVID-19 and quarantine themselves starting Jan. 15, the Canadian government said Jan. 13. Some 10% to 20%, or between 12,000-22,000 Canadian truck drivers, and 40%, or 16,000 U.S. truck drivers traveling into Canada would be sidelined by upcoming mandates in both countries, the Canadian Trucking Association (CTA) estimates. Driver shortages are further expected to fuel red-hot inflation, industry lobby groups have said. Unvaccinated foreign truckers will be barred from entering Canada starting Saturday. The CTA said to expect supply-chain disruptions if both countries do not allow exemptions.

U.S. defeats Canada in first dispute under new North American trade pact, excerpt from CBC News (January 4, 2022)

The issue is dairy. U.S. says Canada not fairly implementing changes it promised, and could face tariffs. Canada has lost its first dispute case under the new North American trade agreement to the United States, with a panel agreeing that Ottawa flouted part of its obligation to open the dairy market. The U.S. says Canada now has a few weeks to comply with the ruling, or face the possibility of a trade penalty such as a tariff.

New Zealand cheers Canada’s loss in dairy dispute and calls for ‘significant reform’, excerpt from the Financial Post (January 17, 2022)

New Zealand said Canada needs to overhaul its approach to dairy imports because Prime Minister Justin Trudeau’s government has repeatedly broken its promise to let foreign cheese and butter flow more freely into the country. The public criticisms are the first in what trade lawyers expect could become an international pile-on following Canada’s loss to the United States this month in a long-running dairy dispute. Canada’s approach to dairy imports has long been a sore spot for trading partners, and the success of the U.S. in challenging that approach could embolden copycat actions under trade agreements Canada signed with the European Union and a group of mostly Asian countries that includes New Zealand, a major dairy exporter.

Press Releases & Governmental Notices

Food additives in ready-to-eat meat products, Government of Canada (January 27, 2022)

The "Notice to Industry – Update on compliance timelines for the use of food additives in certain ready-to-eat meat products" has been published. The Canadian Food Inspection Agency (CFIA) has extended the transition period to comply to the updates to November 8, 2023. Regulated parties are encouraged to refer to the Industry Labelling Tool.

Canadian border agency issues new scam warning, excerpt from CTV News (January 25, 2022)

The Canada Border Services Agency (CBSA) has issued a new scam warning. According to the agency, scammers posing as CBSA officials are using emails, websites, text messages and telephone calls to ask for money and personal information such as social insurance numbers.

Notice of Normal Value Review, Carbon Steel Fasteners, CBSA (January 24, 2022)

On January 24, 2022, the CBSA has initiated a normal value review to determine the normal values and export prices applicable to certain carbon steel fasteners originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) by Katsuhana Fasteners Corporation. (Katsuhana).

Canada-Chile Free Trade Agreement (CCFTA) Rules of Origin, CBSA (January 19, 2022)

On January 19, 2022, the CCFTA Rules of Origin Regulations have been amended to reflect the modernized rules of origin provisions which entered into force on October 15, 2021. Consequently, links to the modernized CCFTA and to the amendments have been included in this memorandum. Please refer to the revised Memorandum D11-5-4, Canada-Chile Free Trade Agreement (CCFTA) Rules of Origin.

CBSA Trade Compliance Verification Priorities, CBSA (January 10, 2022)

On January 10, 2022, the CBSA has released the January 2022 Trade Compliance Verification priorities.

HS Code updates in effect January 1, 2022, World Customs Organization (January 1, 2022)

On January 1, 2022, there was an updates to the Harmonized System (HS) code structure. HS codes are updated every five years. Importers and exporters should review the 2022 HS Code structure table for updates.

Opinions & Editorials

Canada needs a bold new international trade strategy. If not now, when?, excerpt from The Globe and Mail by Stewart Beck and Gary Comerford (January 23, 2022)

Canada needs to develop and publish a new bold international trade strategy built on our strengths, aligned with our domestic innovation policies.

Blood in the water: Ottawa likely to face more trade battles after losing U.S. dairy dispute, lawyers say, excerpt from The Financial Post by Jake Edmiston (January 13, 2022)

Trading partners around the world have made no secret of their displeasure with Ottawa's high tariffs on dairy imports. More countries are likely to pick fights with Canada over its protectionist dairy policies following a loss to the United States in a dispute over cheese imports, international trade lawyers said. Trading partners around the world have made no secret of their displeasure with Ottawa’s high tariffs on dairy imports — a tactic used to shelter Canadian farmers from competition under the federal supply management system. Those allies, particularly in Europe and New Zealand, were no doubt paying close attention last week when the U.S. won a key ruling that could allow more American dairy brands to break into the Canadian retail market.