Livingston International Simplify Trade Tue, 29 Nov 2022 14:49:00 +0000 en-US hourly 1 https://lii-mkt-content.s3.amazonaws.com/staging.livingstonintl.com/livingston-content/uploads/2023/11/06210618/cropped-Livingston-Logo-icon-32x32.png Livingston International 32 32 CARM Test – EN https://staging.livingstonintl.com/carm-test-en/ https://staging.livingstonintl.com/carm-test-en/#respond Tue, 22 Nov 2022 10:24:02 +0000 https://staging.livingstonintl.com/?p=53929 Canada’s Customs agency is making significant changes to the way businesses account for the goods they import into Canada. The Canada Border Services Agency’s Assessment and Revenue Management initiative (CARM) will require businesses to establish an account with Canada’s customs agency through which they will be responsible to pay duties, taxes, and other fees. This... Read more »

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Canada’s Customs agency is making significant changes to the way businesses account for the goods they import into Canada. The Canada Border Services Agency’s Assessment and Revenue Management initiative (CARM) will require businesses to establish an account with Canada’s customs agency through which they will be responsible to pay duties, taxes, and other fees.

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Currently, customs brokers maintain business’ accounts with Canada’s Customs agency and help them clear their goods through Customs. Once CARM Release 2 is implemented, importers will be responsible for maintaining their accounts with the border agency, unless they choose to empower their customs broker to do so. CARM will require importers to secure their own surety bond and promptly pay any duties, taxes and fees or risk having their shipments stalled at the border. 

In preparation for CARM, businesses must take the following steps:

  • Set up an account on the CARM client portal
  • Secure a surety bond with a value of at least $25,000
  • Determine whether they want they will pay CBSA directly or through their broker
  • Provide their brokers access to their CARM client portal if paying CBSA via broker. 

Registration for the CARM client portal is often a complex process, so importers are encouraged not to delay. The good news is Livingston can assist you through the entire process including registering your account free of charge.

Click here if you would like Livingston to register your business on the CARM client portal on your behalf.

Looking for more information about CARM? Check out the videos, FAQs, webinars, and other resources on our CARM page.

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New trade news article https://staging.livingstonintl.com/new-trade-news-article/ https://staging.livingstonintl.com/new-trade-news-article/#respond Tue, 21 Jun 2022 14:19:54 +0000 https://staging.livingstonintl.com/?p=53806 sdfg item 1 item 2

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Test post – English https://staging.livingstonintl.com/test-post-english/ https://staging.livingstonintl.com/test-post-english/#respond Tue, 07 Jun 2022 13:03:41 +0000 https://staging.livingstonintl.com/?p=53798 Content of English post

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USTR Extends COVID China Section 301 Exclusions Through November 30, 2022 https://staging.livingstonintl.com/ustr-extends-covid-china-section-301-exclusions-through-november-30-2022/ https://staging.livingstonintl.com/ustr-extends-covid-china-section-301-exclusions-through-november-30-2022/#respond Thu, 02 Jun 2022 16:23:07 +0000 https://staging.livingstonintl.com/?p=53778 The U.S. Trade Representative (USTR) has extended, for the six months, the China Section 301 COVID exclusions which used Harmonized Tariff Schedule (HTS) number 9903.88.66. They had been due to expire on June 1, 2022, and now expire at 11:59 pm on November 30, 2022. For a list of the 81 extended COVID exclusions, please... Read more »

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The U.S. Trade Representative (USTR) has extended, for the six months, the China Section 301 COVID exclusions which used Harmonized Tariff Schedule (HTS) number 9903.88.66. They had been due to expire on June 1, 2022, and now expire at 11:59 pm on November 30, 2022.

For a list of the 81 extended COVID exclusions, please see our previous Trade News article:

More Good News for U.S. Importers: China Section 301 COVID-Related Exclusions Again Extended

Questions regarding Section 301 for Chinese origin products may be directed to your Livingston account manager.

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CBP to Hold 2022 Trade Symposium and Cargo Security Summit on July 18-20, 2022 https://staging.livingstonintl.com/cbp-to-hold-2022-trade-symposium-and-cargo-security-summit-on-july-18-20-2022/ https://staging.livingstonintl.com/cbp-to-hold-2022-trade-symposium-and-cargo-security-summit-on-july-18-20-2022/#respond Thu, 02 Jun 2022 16:12:50 +0000 https://staging.livingstonintl.com/?p=53774 U.S. Customs and Border Protection (CBP) announced the 2022 Trade Symposium will be held in Anaheim, California, on July 18-20, 2022, at the Hilton Anaheim. It will be a combined event, together with the Customs Trade Partnership Against Terrorism (CTPAT) conference. This year’s general sessions include discussions on the following: 21st Century Customs Framework (21CCF)... Read more »

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U.S. Customs and Border Protection (CBP) announced the 2022 Trade Symposium will be held in Anaheim, California, on July 18-20, 2022, at the Hilton Anaheim. It will be a combined event, together with the Customs Trade Partnership Against Terrorism (CTPAT) conference.

This year’s general sessions include discussions on the following:

  • 21st Century Customs Framework (21CCF)
  • Forced Labor and Uyghur Act Implementation
  • Cargo and Trade Innovation
  • E-Commerce
  • Cybersecurity
  • Leveraging International Partners to Secure and Facilitate Trade
  • CTPAT – Trade Compliance

Registration is now open for both in-person sessions as well as virtual sessions. The registration fee is $254.00 US for in person, and $56.00 US for webcast attendance.  Registration must be done on-line, with payment by credit card. Registrations will be confirmed and processed on a first come, first serve basis.

CPB has a hotel room block reserved for the Trade Symposium, with arrangements and expenses for lodging the responsibility of the attendee.

If you have any questions regarding the 2022 CBP Trade Symposium please email TradeEvents@cbp.dhs.gov.

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Side-by-side Utility Terrain Vehicles (UTVs) New Import Requirements Coming into Force https://staging.livingstonintl.com/side-by-side-utility-terrain-vehicles-utvs-new-import-requirements-coming-into-force/ https://staging.livingstonintl.com/side-by-side-utility-terrain-vehicles-utvs-new-import-requirements-coming-into-force/#respond Wed, 27 Jan 2021 20:21:33 +0000 https://staging.livingstonintl.com/?p=53166 Canada Border Services Agency (CBSA) updated Memorandum D19-12-1 this past August, indicating a change to the vehicle import requirements to include import requirements of side-by-side utility terrain vehicles under the restricted motorcycle as a regulated good. Also, renaming of the prescribed class “restricted-use motorcycle” to “restricted-use vehicle” The CBSA assists Transport Canada with the administration... Read more »

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Canada Border Services Agency (CBSA) updated Memorandum D19-12-1 this past August, indicating a change to the vehicle import requirements to include import requirements of side-by-side utility terrain vehicles under the restricted motorcycle as a regulated good. Also, renaming of the prescribed class “restricted-use motorcycle” to “restricted-use vehicle”

The CBSA assists Transport Canada with the administration of the Motor Vehicle Safety Act (MVSA) and the Motor Vehicle Safety Regulations (MVSR) by administering and enforcing the conditions under which new and used vehicles may be imported at CBSA points of entry. The MVSA regulates the importation of vehicles to reduce the risk of death, injury, and damage to property and the environment.

A vehicle means any vehicle (assembled or disassembled) that, when in its assembled state, is capable of being driven or drawn on roads by any means other than muscular power exclusively but does not include any vehicle designed to run exclusively on rails. The prescribed (or regulated) classes of vehicles under the MVSR are:

  • passenger car (including limousines)
  • multi-purpose passenger vehicle (including vans, Sport Utility Vehicles (SUVs, motorhomes)
  • truck (including chassis cabs and service trucks)
  • bus (including school buses)
  • low speed vehicle
  • motorcycle open, enclosed, motor tricycle, and limited speed motorcycles
  • restricted-use motorcycle (RUM) (ATV, dirt bikes and as of February 2021 will include UTV aka “side by side”)
  • trailer including utility, cargo, with mounted equipment, horse, boat, travel trailer, car dolly, etc.
  • trailer converter dolly
  • snowmobile
  • three wheeled vehicles

Side-by-side Utility Terrain Vehicles (UTVs)
As of 4 February 2021, UTVs, commonly referred to as side-by-side UTVs, will be regulated under the MVSA as ATVs and restricted-use motorcycles (RUM).

Prior to Feb 2021, UTVs, commonly referred to as side-by-side UTVs, were previously not regulated under the MVSA as ATVs and restricted-use motorcycles because they are not equipped with steering handlebars and the passengers are sitting side-by-side rather than astride.

Some UTVs are not considered regulated at importation when they are clearly designed for off-road use only. If it appears that the vehicle is not designed exclusively for off-road use because it has enough design features for practical on-road use, it can lead to interpreting the importation of the vehicle as a regulated class of on-road vehicle and a border services officer may seek further clarification from Transport Canada before allowing for its release.

Vehicles meeting the definition of an ATV in section 2 of the MVSR are included in the definition of restricted-use motorcycle and must be certified to all applicable CMVSS for that prescribed class of vehicle to be eligible for importation.

The Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (National Safety Marks and Importation): SOR/2020-22 was published in  Canada Gazette II, Vol 154 Number 4, February 4, 2020 that advised of the amendments and stated that the Department of Transport has included a 12-month delay for the coming into force of amendments related to the expansion and renaming of the prescribed class “restricted-use motorcycle” to “restricted-use vehicle,” including repealing the power-assisted bicycle definition as well as the paragraph 6(3)(c) amendments for the label placement on restricted-use vehicles. This will allow a delay for assuring compliance of vehicles that will fall under this revised prescribed class.

For detailed information on the impact to your business, review the amendments made to the Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (National Safety Marks and Importation): SOR/2020-22. The Amendments to the Vehicle Regulations allows for the importation of vehicles from Mexico, expands the definition of “restricted-use vehicle” and clarify the link between the expressions “at the time of the main assembly” in the Act and “date of manufacture” in the Vehicle Regulations.

These amendments to the regulations also set out the conditions for the temporary importation of vehicles, tires and child restraint systems in their respective regulations. A temporarily imported vehicle may also be donated as provided for in the Vehicle Regulations. In addition, these amendments set out the National Safety Mark for vehicles and tires in their respective regulations and allow the optional use of the United States format for the Tire Identification Number (TIN).

For inquires contact Transport Canada webpage or if you have any questions or concerns email:

Jessey Almeida, Multimodal and Road Safety Programs
Transport Canada
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email: jessey.almeida@tc.gc.ca  

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New Policy Changes – Implementation Delayed on Import Requirements of Milk and Milk products to April 2021 https://staging.livingstonintl.com/new-policy-changes-implementation-delayed-on-import-requirements-of-milk-and-milk-products-to-april-2021/ https://staging.livingstonintl.com/new-policy-changes-implementation-delayed-on-import-requirements-of-milk-and-milk-products-to-april-2021/#respond Wed, 27 Jan 2021 20:16:35 +0000 https://staging.livingstonintl.com/?p=53162 Further to our article recently published on the  Modernization of Animal Health Upcoming Import Requirements for Milk and Milk products , CFIA advises the changes to the import policy is delayed till April 2021. Canadian Food Inspection Agency (CFIA) issued a notice on January 22, 2021 advising the import industry on the delay to implement... Read more »

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Further to our article recently published on the  Modernization of Animal Health Upcoming Import Requirements for Milk and Milk products , CFIA advises the changes to the import policy is delayed till April 2021.

Canadian Food Inspection Agency (CFIA) issued a notice on January 22, 2021 advising the import industry on the delay to implement the changes to the import documentation requirements for milk and milk products.

The animal health import policy Milk and Regulated Milk Products (AIED-DIEA-IE-2001-4-7) has been replaced by Chapter 10.4 and Annex 15.3 of the Terrestrial Animal Products and Byproducts: Import Policy Framework.

Import conditions for foods and beverages with milk ingredients will be updated to reflect the new policy. Once these changes have been implemented, foods and beverages containing milk or milk products may be imported from any country provided that they are consumer prepackaged and may be stored at ambient temperature before opening. Foods and beverages containing milk that are imported in bulk or require refrigeration or freezing before opening may only be imported from countries approved by the CFIA and zoosanitary certification will be required.

Changes to the import conditions for specific foods and beverages containing milk affected by the policy updates, originally planned for February 2021, have been delayed and will be published in the Automated Import Reference System in April 2021.

Additional import documentation requirements could be one or more of the following requirements that may apply:

  • Proof of origin (such as a Canada Customs Invoice)
  • Labelling requirements
  • Treatment requirements such as pasteurization, Ultra-High Temperature (UHT), or low final pH (please see Annex 3 for further details)

Foods for human consumption containing milk ingredients may require one or more of the following, depending on the animal disease risk:

  • Import declaration
  • Zoosanitary export certificate
  • Originating from a country or zone designated free by Canada from foot and mouth disease

Please contact cfia.apabpimport-importation.pespa.acia@canada.ca for further information.

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Updated CBSA Information of the UK Trade Continuity Remission Order, 2021 https://staging.livingstonintl.com/updated-cbsa-information-of-the-uk-trade-continuity-remission-order-2021/ https://staging.livingstonintl.com/updated-cbsa-information-of-the-uk-trade-continuity-remission-order-2021/#respond Wed, 27 Jan 2021 20:12:53 +0000 https://staging.livingstonintl.com/?p=53158 Canada Border Services Agency (CBSA) has updated and revised customs notices CN20-38 and CN20-39 on January 21, 2021 with updated information on the remission order that was previously published on December 22, 2020.  Information is provided on specific instances whereby there are two remissions/order-in-council or permits applicable and how to complete the B3. Customs Notice... Read more »

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Canada Border Services Agency (CBSA) has updated and revised customs notices CN20-38 and CN20-39 on January 21, 2021 with updated information on the remission order that was previously published on December 22, 2020.  Information is provided on specific instances whereby there are two remissions/order-in-council or permits applicable and how to complete the B3.

Customs Notice 20-38 – Withdrawal of Entitlement to the Canada–European Union Tariff (CEUT) Tariff Treatment for Goods Originating From the United Kingdom

The United Kingdom Trade Continuity Remission Order provides the tariff benefits of the Canada-United Kingdom Trade Continuity Agreement (CUKTCA) as if it were in force as of January 1, 2021. It does so by remitting the difference between the Most-Favoured-Nation Tariff rate of customs duty and the rate of customs duty that would apply under the Comprehensive Economic and Trade Agreement (CETA). This replicates the tariff benefits that would have applied to eligible imports from the United Kingdom (UK) and certain associated territories under the CUKTCA as the tariffs and rules of origin are equivalent under the two agreements. The CETA is referenced because those preferential tariffs and rules of origin already exist in domestic law.

This remission applies to goods imported on or after January 1, 2021, until the day on which the CUKTCA enters into force.

Effective January 1, 2021 importers of qualifying goods may cite the United Kingdom Trade Continuity Remission Order, 2021, in order to benefit from the remission of duties.
To do so, importers must complete Form B3-3, Canada Customs Coding Form, as follows:

  • In Field No. 14, “Tariff Treatment”, enter the Most-Favoured-Nation (MFN) tariff treatment, code “02”
  • In Field No. 26, “Special Authority”, enter OIC number 20-1135

Where another Order in Council (OIC), Excise Warehouse License, or permit is also applicable to the qualifying goods that would otherwise be eligible to benefit from the remission of duties under OIC number 20-1135, importers must complete Form B3-3, Canada Customs Coding Form, as follows:

  • In Field No. 14, “Tariff Treatment”, enter the MFN tariff treatment, code “02”
  • In Field No. 22, “Description”, enter OIC number 20-1135 and any other applicable OIC number, Excise Warehouse License number, or permit number
  • In Field No. 26, “Special Authority”, enter Special Authority Code number 21-UK-00000

In the B3-3 Form, where Special Authority Code number 21-UK-00000 must be used, importers will have to manually calculate all applicable duties and taxes as allowed under the relevant OICs and licenses. Please note that Special Authority Code number 21-UK-00000 will only apply to goods imported on or after January 1, 2021, as long as the Order is in effect.

Importers are responsible for obtaining documentation in support of a claim for remission under the Order. The Canada Border Services Agency (CBSA) will accept documentation from exporters in the UK in support of an importer’s claim for remission.

For more information on the CETA tariff treatment and the associated rules of origin, please consult the CETA Rules of Origin Regulations and Memorandum D11-5-15 Canada–European Union Comprehensive Economic and Trade Agreement (CETA) Rules of Origin.

Customs Notice 20-39 – Implementation of the United Kingdom Trade Continuity Remission Order, 2021
Effective January 1, 2021, the United Kingdom and certain associated territories will no longer be covered by the Canada-EU Comprehensive Economic and Trade Agreement by virtue of Brexit. This means that eligibility for the Canada-European Union Tariff (CEUT) preferential tariff treatment is withdrawn for goods originating from the United Kingdom and certain associated territories, as set out below. Such goods must now be accounted for under the Most-Favoured-Nation (MFN) tariff treatment.

This withdrawal of eligibility for the CEUT preferential tariff applies to the United Kingdom, the Channel Islands, Gibraltar, and the Isle of Man. As of January 1, 2021, goods that are exported from the Sovereign Base Areas of Akrotiri and Dhekelia to Canada shall be declared as being exported from Cyprus.

Importers of goods originating from the United Kingdom, Channel Islands, Gibraltar and Isle of Man, that are in-transit to Canada on or before January 1, 2021, and that would have been eligible for the CEUT preferential tariff treatment, may receive the same duty relief by following the instructions provided for in Customs Notice 20-39, Implementation of the United Kingdom Trade Continuity Remission Order, 2021.

Importers should have in their possession proof that the goods were in-transit. Such proof may include, but is not limited to, the following documentation: commercial invoices, sales orders, purchase orders, shipping documents (specifically the through bill of lading), report of entry documents, and cargo control documents.

The through bill of lading must indicate that the goods started their uninterrupted journey to a consignee in Canada on or before January 1, 2021. Documentary proof may be requested at any time by a Canada Border Services Agency officer.

Amendment to the Customs Tariff
An amendment to the List of Countries and Applicable Tariff Treatments in the T2021 version of the Departmental Consolidation of the Customs Tariff has been published to remove the CEUT preferential tariff treatment for the United Kingdom, the Channel Islands, Gibraltar and the Isle of Man.

For more information, call the CBSA Border Information Service (BIS):
Calls within Canada & the United States (toll free): 1-800-461-9999
Calls outside Canada & the United States (long distance charges apply): 
1-204-983-3500 or 1-506-636-5064
Email: contact@cbsa-asfc.gc.ca
Contact Us at the CBSA website may also be accessed for information

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Aluminum Import License Requirement Delayed Until March 29 https://staging.livingstonintl.com/aluminum-import-license-requirement-delayed-until-march-29/ https://staging.livingstonintl.com/aluminum-import-license-requirement-delayed-until-march-29/#respond Tue, 26 Jan 2021 14:21:33 +0000 https://staging.livingstonintl.com/?p=53140 The U.S. Department of Commerce (DOC) is delaying the effective date of the final rule regarding filing of Aluminum Import licenses from January 25, 2021 to March 29, 2021.  The delay is due to the White House Chief of Staff’s memorandum concerning “Regulatory Freeze Pending Review” that was issued on January 20, 2021.  Delaying the... Read more »

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The U.S. Department of Commerce (DOC) is delaying the effective date of the final rule regarding filing of Aluminum Import licenses from January 25, 2021 to March 29, 2021.  The delay is due to the White House Chief of Staff’s memorandum concerning “Regulatory Freeze Pending Review” that was issued on January 20, 2021.  Delaying the effective date of the final rule will allow the incoming Administration time to review the final rule and consider any additional comments before implementation.

This delay means that import licenses will not be required for covered aluminum products beginning on January 25, 2021, but will now be required on and after March 29, 2021 unless otherwise announced.

The Aluminum Import Monitoring and Analysis (AIM) system website (https//:www.trade.gov/aluminum) will still be operational and will provide further guidance on licenses already issued as well as the issuance of new licenses during the intervening period. 

Questions or concerns can be addressed to Commerce at aluminum.license@trade.gov.

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