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Deadline
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We Need Your Input |
| 02/24/10 |
Partners in Protection (PIP)
Program 2010 Survey
The Partners
in Protection (PIP) program was identified as the “Top
Advocacy Issue” for members in I.E.Canada’s 2009-2010
Member Survey for the second consecutive year. In order to understand
the challenges and benefits members are encountering with regards
to the PIP program, I.E.Canada’s Trade Security Committee
(TSC) is inviting members to complete the following survey which
is available on SurveyMonkey at https://www.surveymonkey.com/s/QXLJWZS.
It will only take a few minutes of your time to complete. Your
responses to the survey will be kept confidential; only aggregated
results will be shared at the next TSC meeting.
Please complete the survey by Wednesday,
February 24, 2010.
If you have any questions or have any technical difficulties
with the survey, please contact Amesika Baeta, Committee Director
at abaeta@iecanada.com
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| 09/03/09 |
Update re. U.S. CBP Ruling on
Chemical Residues
On August 26, 2009, a coalition of U.S. trade associations met
with U.S. Customs and Border Protection (CBP) officials to discuss the
chemical residues in empty containers issue. CBP now recognizes that
there are many unanswered questions surrounding its decision and that
many of these questions must be resolved in order to ensure that importers
and carriers are able to operate in compliance with the customs regulations.
While CBP is not prepared to withdraw the ruling, CBP officials indicated
that they will not be enforcing the requirement for manifest and entry
for all cargo residues on September 16, 2009. CBP has committed to a
minimum of a 60-day delay to enforcement (mid-November) to provide an
opportunity for CBP and industry to assess the impact to trade and address
the many questions that remain.
In the meantime, CPB officials have asked that affected industries
submit their issues, concerns and questions by Tuesday, September 8,
2009.
I.E.Canada is working in concert with U.S. and other Canadian trade
associations to ensure that the issues and concerns of the trade community
on both sides of the border are presented to CBP and are addressed. A
working group of I.E.Canada members, led by Greg Gerritsen of Plains
Midstream, an I.E.Canada board member, has been formed to prepare a submission
to CBP.
Please communicate any questions, issues or concerns that you have
with respect to this new U.S. requirement to Amesika Baeta, Committee
Director, at abaeta@iecanada.com by end of the day Thursday, September
3, 2009 so that we may include them in our submission.
Background
As we have advised in previous notices, CBP recently overturned
a ruling that had allowed a container containing chemical residues to
enter the United States as an empty Instrument of International Traffic
(ITT), which meant that the chemical residues were exempted from manifest
and entry requirements.
Because this ruling has been overturned, all residue from cargo
will now be required to have a manifest and entry on file prior to entering
the U.S. This ruling is effective September 16, 2009. Affected equipment
includes, but is not limited to, tankers, ISO 20 foot tanks, rail tanks
and bulk carriers.
The requirement for manifest and entry is for all cargo residues.
If the cargo is wood chips, and residue remains, then a manifest
and an entry will have to be on file. The same applies to liquid residue,
chemical residue and all other cargo residues. The alternative
to submitting
an e-manifest and having the broker prepare an entry, is to wash
the container before it enters the U.S. CBP’s basis for overturning
the ruling is the safety of customs officers during container inspection.
Some of the concerns and issues that have been raised include:
• the impracticality and significant cost of implementation to shippers
by rail, truck and other modes, as well as challenges associated
with compliance management;
• the lack of a de minimis rule;
• the short timeframe for implementation: September 16th;
• the near impossibility of providing certain information such as
the quantity and customs value;
• uncertainty in determining who will be the importer of record;
and
• the potential for delays at the border if entries are not filed
on a timely basis and the impact on FAST lane privileges.
For additional information, please contact Carol Osmond, Vice President,
Policy at cosmond@iecanada.com.
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| 08/31/09 |
Consumer
Product Safety – Proposed
Regulations Regarding Products Containing Lead and Phthalates On June 20, 2009 proposed regulations under the Hazardous Products
Act were published in the Canada Gazette Part I regarding consumer
products containing lead and phthalates:
• Consumer Products Containing Lead (Contact with Mouth) Regulations:
The purpose of the proposed regulations is to protect children
against potential exposure to lead by setting a total lead
limit of 90 milligrams of lead per kilogram of product (90
mg/kg) on the following categories of consumer products:
(1) products, other than kitchen utensils, whose normal pattern
of use requires that they be brought to the user’s mouth;
and
(2) products in respect of which it is reasonably foreseeable
based on their nature, that they would be used by children
under three years of age in learning or play.
• Phthalates Regulations: Phthalates are a class of chemicals
commonly used as plasticizers (softening agents) in the manufacture
of soft vinyl (also known as polyvinyl chloride [PVC]), which in turn
is used in the manufacture of many consumer products, including soft
vinyl children’s toys and child care articles. The United States
and European Union have identified the following six phthalates
as a potential concern for human health:
Di(2-ethylhexyl) Phthalate (DEHP) — CAS Number 117-81-7
Dibutyl Phthalate (DBP) — CAS Number 84-74-2
Benzyl Butyl Phthalate (BBP) — CAS Number 85-68-7
Diisononyl Phthalate (DINP) — CAS Numbers 28553-12-0
and 68515-48-0
Diisodecyl Phthalate (DIDP) — CAS Numbers 26761-40-0
and 68515-49-1
Di-n-octyl Phthalate (DNOP) — CAS Number 117-84-0
A restriction under
Part II of Schedule I to the Hazardous Products Act is considered
by Health Canada to be the most effective measure
for ensuring that soft vinyl children’s toys and child care articles
imported, sold or advertised in Canada do not contain phthalates that
are restricted in the United States and European Union. To this end,
it is proposed that the concentration of each of DEHP, DBP and BBP
be restricted to no more than 1 000 mg/kg in soft vinyl of all children’s
toys and child care articles, and the concentration of each of DINP,
DIDP and DNOP be restricted to no more than 1 000 mg/kg in soft vinyl
of children’s toys and child care articles where the soft vinyl
can, in a reasonably foreseeable manner, be placed in the mouth
of a child under four years of age.
The proposed Regulations are available at http://www.gazette.gc.ca/rp-pr/p1/2009/2009-06-20/pdf/g1-14325.pdf , starting at page 1838. Comments must be submitted to Health Canada
by September 3, 2009.
We would also like to hear from you if your company has concerns
about the proposed regulations. Please email your comments to Amesika
Baeta at abaeta@iecanada.com by Friday, August
21, 2009.
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| 08/15/09 |
Extended Producer Responsibility
(EPR)
The association wishes to identify members interested in the issue
of Extended Producer Responsibility (EPR). EPR has been described as
follows:
“
Extended producer responsibility holds that producers (most
often defined as a manufacturer, brand owner or first importer
of a product) are responsible for the costs associated with
the environmental impact of their products. This responsibility
extends throughout a product's lifecycle, including its design,
manufacturing, packaging, transportation, product use, and
diversion or disposal. When producers are responsible for managing
the end of life of their products and packaging, they have
incentives to ensure their production practices are efficient
and avoid producing waste. This responsibility encourages producers
to identify production processes that use fewer inputs that
would normally result in waste, incorporate greater reuse of
materials in their processes and products, and design products
and packaging that are more easily recycled.” Ministry
of the Environment, Review of Ontario's Waste Diversion Act,
2002, Discussion Paper for Public Consultation, October 2008,
page 6.
One of the issues associated with EPR is the sharing of financial
responsibility for the collection, transportation, diversion
and disposal of environmental wastes. Ontario's Blue Box program
is an example of shared responsibility between municipalities
and producers, whereas the more recent Waste Electrical and
Electronic Equipment Program is an example of a "full" responsibility
system, with the producer being obligated to pay all of these
costs.
In Canada, each province operates a separate waste diversion
framework with stewardship fees varying from one province to
another. The trend is for more and more products to be designated
under EPR programs and for a higher proportion of the costs
to be transferred to producers.
For further information, please see the attached briefing note
(http://www.iecanada.com/ietoday/july_09/EPR.pdf) prepared
by Warrington Ellacott of Whirlpool Canada, one of the association's
members.
If you have concerns about how EPR programs impact your company
in Ontario or other provinces, we would like to hear from you.
Please contact Amesika Baeta, Committee Director at abaeta@iecanada.com by August
14, 2009.
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| 08/14/09 |
Broker Licensing Questionnaire
Some of our members who have passed the Canada Border Services
Agency (CBSA) Customs Broker Professional Exam have raised the
concern that after leaving the employ of a customs brokerage firm to work
in
customs within an importing company, they lose their eligibility
to become a licensed customs broker or to serve as a “qualified
officer” of a customs brokerage firm after twelve (12) months. They would like to see the Customs Brokers Licensing Regulations updated
so that individuals may maintain their qualified or professional status
without necessarily having to work for a customs brokerage firm.
In the meantime, the Canadian Society of Customs Brokers (CSCB)
has made a proposal that would allow individuals to maintain
their eligibility to obtain a customs brokerage licence or
to serve as a qualified officer without having to work for
a customs brokerage firm. The CSCB is proposing to replace
the current knowledge requirement of passing the Customs Broker
Professional Examination with passing the examination for the
Certified Customs Specialist (CCS) designation. CSCB is also
proposing that by renewing their CCS designation annually,
individuals could maintain their eligibility to obtain a customs
brokerage licence or to serve as a qualified officer.
I.E.Canada been asked by the Licensing Advisory Committee (LAC), which
is made up of representatives of the customs brokerage industry, importers
and the CBSA to canvas our members to determine whether there is support
in principle for this proposal. While I.E.Canada has raised this issue
at the LAC and in other fora, the association has not been involved
in the development of this proposal and will not take a position until
we hear back from our members.
We are interested in identifying members with an interest in these
issues and obtaining your initial views on the CSCB proposal. Note
that the CSCB proposal is a proposal in principle and the details will
have to be discussed at much greater length.
We are requesting our members who have an interest in this issue to
complete a survey on Survey Monkey at https://www.surveymonkey.com/s.aspx?sm=foCQ_2beI69dEcB1makLZ2qQ_3d_3d
Deadline: Friday, August 14, 2009
If you have any questions or comments, please feel free to contact
Amesika Baeta, Committee Director at abaeta@iecanada.com.
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| 08/07/09 |
CBSA Proposed Policy Changes
Regarding Proper Use of RMD Correctors
The
Canada Border Services Agency (CBSA) is seeking input on the attached
proposed policy regarding the acceptable use and processing of Form
A48, RMD Corrector (English and French).
This document re-iterates current policy and announces a
proposed new policy regarding Form A48. This action is being
taken in response to the concerns
raised by Broker Associations regarding the inconsistent procedures applied
by customs offices in the processing of Form A48, and to also address concerns
the CBSA has regarding the improper use of Form A48. It’s CBSA's goal
that with these proposed guidelines, the agency will be consistent in how
these requests are being handled at the ports while ensuring that only those
clients,
who are using the RMD Corrector process as a means of facilitating the release
of their goods, will be subject to more stringent verification.
Please send your
comments to Amesika Baeta at abaeta@iecanada.com by Friday,
August 7 , 2009.
|
| 03/26/09 |
Border Thickening Survey
I.E.Canada
has been collaborating with Trade Facilitation Services, a
consulting firm based in Ottawa, and its partners, TICON and
the PrinceLawGroup, on a border "thickening" study sponsored
by the Canadian Embassy in Washington D.C. The study focuses
on the increasing costs of complying with U.S. and Canadian border
and trade
related regulations. One of the issues of concern that we have
raised, for example, is CBSA's recent proposal to introduce an
Importer Admissibility
Data (IAD) Set, similar to the 10+2 Importer Security Filing
in the United States, in all modes of transportation. (Currently
the 10+2
Importer Security Filing only applies in the marine mode.)....
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| 02/24/09 |
Proposed
Elimination of Tariff on Certain Polyester Fleece Fabric…
The Department of Finance is seeking our views on a request that
the Department has received to eliminate the tariff on certain
polyester fleece fabric for use in the manufacture of yarn. We
are proposing to add a duty-free tariff line to subheading No.
6001.22.00. ....
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| 02/13/09 |
Update Regarding Implementation of the Lacey Act Amendments
A
notice was published in the Federal Register today [February 3]
with the revised implementation plan for the Lacey Act amendments.
A copy
of the notice is available at http://www.access.gpo.gov/su_docs/aces/fr-cont.html.....
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| 01/28/09 |
Draft eManifest Highway Client Document
The
Canada Border Services Agency (CBSA) has issued a draft eManifest
Highway Client Document for comment. This document [attached]
is designed to provide clients with technical user information
on how
to electronically submit, amend and delete Highway Cargo and
Conveyance Information under Phase 3 of Advance Commercial
Information (ACI),
also known as eManifest. ....
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| 01/23/09 |
North American Heartland Port of Choice Study
We
need your participation in a web-based questionnaire to help
Transport Canada better understand the decision making process
in determining ports of call. Your participation as a shipper/receiver
will provide us with insights on the critical drivers of your
choice. This study will also help inform Transport Canada on
what type of future Canadian investments are needed, as ports
in Canada, U.S. and Mexico increasingly compete for supplying
transportation services to the North American Heartland.
....
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| 01/23/09 |
China's Accession to the WTO Agreement on Government Procurement
As a member of the Market Access Advisory
Group (MAAG) to the Department of Foreign Affairs and International
Trade, I.E.Canada has
been asked to provide input with respect to China’s accession
to the World Trade Organization Agreement on Government Procurement
(AGP). The AGP
guarantees suppliers from parties to the agreement and their
goods and services access to government procurement contracts
tendered by
other parties.....
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| 01/16/09 |
EU Agreement
At the Canada-EU Summit in Berlin
in June 2007, Canada and the EU agreed, inter alia, to study
the costs and benefits of a closer
economic partnership by examining existing barriers, especially
non-tariff, to the flow of goods, services and capital, and by
estimating the potential benefits of removing such barriers.....
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| 01/13/09 |
CBSA Business Simplification Initiative
The CBSA Business Simplification Initiative
Working Group, co-chaired by the Canadian Federation of Independent
Business and the
Director of CBSA’s Business Simplification Initiative team,
was mandated to make recommendations to the CBSA on measures
that would result in
a significant improvement in how business interacts with the
CBSA. The Working Group comprises representatives from the
Canadian Federation
of Independent Business (co-chair); the Association of International
Border Agencies; the Canadian Society of Customs Brokers; the
Canadian Association of Importers and Exporters; the Canadian
Chamber of Commerce;
and the Canadian Manufacturers and Exporters.....
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| 12/12/08 |
Other Government Department (OGD) Survey
We
survey our members from time to time to better understand and
address the issues that
concern them. This questionnaire covers Other Government
Department (OGD) requirements and the Canadian Food Inspection
Agency’s
Automated Import Reference System (AIRS).....
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