The Canada-United States-Mexico Agreement (CUSMA): What importers need to know

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Argo Customs Brokers is dedicated to maintaining clear communication with their customers and those who wish to keep themselves informed about important importing and exporting regulations. As such, we present pertinent points from a news release issued by the Canada Border Services Agency.

The customs notice titled Implementation of the Canada-United States-Mexico Agreement (CUSMA) was published on April 3, 2020.

The Canada-United States-Mexico Agreement (CUSMA) entered into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). There was no transition period.

Since CUSMA came into effect, the CBSA has applied the LVS threshold consistently across all commercial programs, regardless of the mode, stream of importation, or free trade agreement under which a preferential tariff treatment is claimed. It is not limited to the Courier Low Value Shipment Program.

The certification of origin under the CUSMA has no prescribed format and only requires a set of minimum data elements that indicate that the good is an originating good. These elements include:

  • identification and address of the certifier
  • exporter
  • producer
  • importer
  • description of the good
  • rule of origin

The certification of origin may be completed by either the exporter, producer, or importer of the goods and may be placed on an invoice or any other document. Furthermore, the certification of origin may be completed, signed, and submitted electronically.

You can download the CUSMA Certificate from our Forms page, and we can assist you with how to fill it out.

To claim the preferential tariff treatment under the CUSMA, importers must have in their possession the CUSMA certification of origin completed by either the exporter, the producer, or the importer at the time of importation.

Goods imported prior to July 1, 2020 for which the NAFTA preferential tariff treatment was claimed could be subject to a compliance verification or be eligible for a refund in line with the provisions of the NAFTA after July 1, 2020. For goods that claimed NAFTA preferential tariff treatment, the CUSMA provides that the NAFTA Chapter Five Customs Procedures remain applicable, including NAFTA Article 505 for the record keeping period of the country of import. For Canada, records must be kept for a period of six years from the date of importation.

Key Takeaways

  • The Canada-United States-Mexico Agreement (CUSMA) entered into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). There is no transition period.
  • Any claims for preferential tariff treatment must satisfy the rules of origin requirements of the CUSMA. For many goods, however, there are no differences between the NAFTA and the CUSMA rules of origin.
  • The importer may claim the preferential tariff treatment under the CUSMA for goods released on or after July 1, 2020. It is not possible to claim the preferential tariff treatment under NAFTA for goods released after July 1, 2020.
  • The CBSA does not require a certification of origin to claim preferential tariff treatment where the value for duty does not exceed $3,300. Certain conditions apply, please refer to Customs Notice 20-15: Increase to the Low Value Shipment (LVS) Threshold and Simplification to the Proof of Origin Requirements for Goods Imported into Canada, for details.

Associated Links

Argo Customs Brokers is Available to Assist

If you are an individual or represent a company that is involved with importing goods affected by the CUSMA, ARGO Customs brokers can provide the form and assist with filling it out. The team at Argo Customs Brokers is always available to answer questions about importing and exporting and can help you understand the effect that this agreement can have on your plans. All inquiries are welcome.

Export and import of cultural property.

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Memorandum D19-4-1 memorandum has been updated (on January 23 2023), to update the list of areas with greater issues of conflict or recognized as being sources for the illicit trafficking of cultural property.
1. The Cultural Property Export and Import Act and its regulations are designed to protect Canada’s national heritage through the establishment of export controls for objects of historical, scientific, and cultural significance.

2. The Cultural Property Export and Import Act and its regulations enable Canada to meet its obligations under the 1970 UNESCO Convention on the “Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property” to recover and return illegally imported cultural property.

3. The Department of Canadian Heritage is responsible for administering the Act. Contact the Department directly for information about the Act, export permits and import controls.

Export control is accomplished by means of the Canadian Cultural Property Export Control List (Control List), which defines categories of cultural property according to age, weight and dollar value limits. The broad categories include mineralogy, palaeontology and archaeology; ethnographic material culture; military objects; objects of applied and decorative art; objects of fine art; scientific or technological objects; textual records, graphic records and sound recordings and; musical instruments.

The Control List does not apply to objects which are less than 50 years old, or made by a person still living. It should be noted that other restrictions may apply to individual categories identified on the Control List.

New Regulations for Formaldehyde Emissions from Composite Wood Products Come into Effect

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The Formaldehyde Emissions from Composite Wood Products Regulations (the Regulations) prohibit the import, sale or offer for sale of composite wood products that emit formaldehyde above established limits.

The Regulation comes into effect on January 7, 2023. It is part of a larger initiative that was put in place to protect the environment and public health by controlling the release of toxic pollutants. Testing and third-party certification requirements for laminated products will come into effect on January 7, 2028.

Exemptions to the Regulation

The guidance document exempts the following from compliance with the new law:

  1. Woody veneers glued to cores other than composite wood product cores, such as lumber core
  2. Products composed of composite wood product cores glued to thin layers of material other than wood veneer, such as:
  • Laminate flooring that includes a top layer that has an imprinted, textured image made to look like real wood, and
  • Laminated kitchen counters, which typically consist of a plastic layer glued to PB

Testing Requirements

According to the guidance document, preliminary testing using ASTM E1333 (large chamber) or ASTM D6007 (small chamber) is to be carried out four times annually during specific periods by an accredited laboratory, in addition to quality control (QC) testing. The guidance document also details the QC testing frequency based on weekly and monthly production and provides a non-exhaustive list of methods for QC testing (see Table 1 below).

Certification

Certification is a prerequisite for importing or selling composite wood panels and laminated products in Canada. This certification requires verification from a qualified third-party certifier (TPC) that the formaldehyde emissions from the particular product types did not exceed the applicable limit based on at least 5 primary and 5 QC tests. Ongoing verification by a qualified TPC is required to maintain certification. For more information on the roles and responsibilities of the TPC, see Third-party certifiers: composite wood products containing formaldehyde.

The Canada-United States-Mexico Agreement

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The Canada-United States-Mexico Agreement

Argo Customs Brokers is dedicated to maintaining clear communication with their customers and those who wish to keep themselves informed about important importing and exporting regulations. As such, we present pertinent points from a news release issued by the Canada Border Services Agency.

The customs notice titled Implementation of the Canada-United States-Mexico Agreement (CUSMA) was published on April 3, 2020.

The Canada-United States-Mexico Agreement (CUSMA) entered into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). There was no transition period.

Since CUSMA came into effect, the CBSA has applied the LVS threshold consistently across all commercial programs, regardless of the mode, stream of importation, or free trade agreement under which a preferential tariff treatment is claimed. It is not limited to the Courier Low Value Shipment Program.

CUSMA coming into effect does not impact the application of existing anti-dumping or countervailing measures in force for goods originating or imported from Mexico or the US.

“Canada, the United States, and Mexico created the largest free trade region in the world, generating economic growth and helping to raise the standard of living for the people of all three member countries. The Canada-United States-Mexico Agreement (CUSMA) will serve to reinforce Canada’s strong economic ties with the United States and Mexico.” ~ Canada Border Services Agency

Key Takeaways

  • In order to claim preferential tariff treatment under the Canada-United States-Mexico Agreement (CUSMA), a certification of origin is required. The certification of origin has no prescribed format but instead consists of a set of minimum data elements.
  • The certification of origin may be completed by either the exporter, producer, or importer of the goods for the purpose of certifying that a good being exported from the territory of another party qualifies as an originating good. It may be provided on an invoice or any other document and may be completed and submitted electronically, including with an electronic or digital signature.
  • A shipment’s value must not exceed $3,300 to meet the low-value shipment (LVS) threshold.
  • LVS allows goods to benefit from simplified report, release, accounting, and documentation requirements, and these benefits apply regardless of the origin of manufacture or country of export.

Associated Links

Argo Customs Brokers is Available to Assist

If you are an individual or represent a company that is involved with importing goods affected by this agreement, ARGO Customs brokers can provide the CUSMA form and assist with filling it out. The team at Argo Customs Brokers is always available to answer questions about importing and exporting and can help you understand the effect that this agreement can have on your plans. All inquiries are welcome.

Temporary Ban on Importation of Handguns Into Canada Now in Effect

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Argo Customs Brokers is dedicated to maintaining clear communication with their customers and those who wish to keep themselves informed about important importing and exporting regulations. As such, we present pertinent points from a news release issued by Global Affairs Canada.

The news release titled Temporary Ban on Importation of Handguns Into Canada Now in Effect was published on August 19, 2022 by Global Affairs Canada.

A temporary ban on restricted handgun imports has been announced by the Hon. Mélanie Joly, Minister of Foreign Affairs, and the Hon. Marco Mendicino, Minister of Public Safety. Individuals and businesses will no longer be able to apply for permits for import-restricted handguns into Canada, with narrow exceptions. These measures will be in force until the proposed in Bill C-21 goes into effect.

Less than three months after Canadian Minister of Public Safety, Mark Mendicino, announced new gun control laws, the government has temporarily banned the import of handguns into the country. The bill represents a shift by the federal gov­ernment to rely on regulation rather than legislation.

“My top priority as minister of public safety is keeping Canadians safe. This temporary ban is further proof that we are using all the tools at our disposal to fight gun crime. It is a key pillar of our plan to address it, along with investments in prevention, action at our borders, a ban on assault-style weapons and Bill C‑21: Canada’s most significant action on gun violence in a generation.” –Marco Mendicino, Minister of Public Safety

Bill C-21 is one of the most stringent gun control laws passed by Parliament in decades. The bill would also include stricter penalties for people who smuggle guns into the country and for people who traffic them. Meanwhile, the number of firearms seized at border crossings more than doubled in 2021, compared to 2020.

Key Takeaways

  • Canada’s Firearms Act and Part III of the Criminal Code regulate firearms.
  • Canada regulates a variety of imports on the Export and Import Permits Act Import Control List.
  • The 2021 budget provided $312 million to expand weapons tracing and strengthen border control to prevent gun smuggling and trafficking.
  • The Canadian government has already introduced Firearms Act revisions that will take effect in the Fall of 2022.
  • The Canadian government launched Bill C-21 in May 2022 to reduce gun violence.

Associated Links

Export and Import Controls – Firearms: Requirements for exporting prohibited firearms

Import Control List and the Export and Import Permits Act.

Canadian Firearms Program – Overview: ARCHIVED – RPP 2006-2007 – Royal Canadian Mounted Police 5 / 6 (canada.ca)

Bill C-21: An Act to amend certain Acts and to make certain consequential amendments (firearms)

Argo Customs Brokers is Available to Assist

If you are an individual or represent a company that imports handguns or wishes to do so, make sure to read the above notification from Global Affairs Canada and the associated links regarding regulations thoroughly. The team at Argo Customs Brokers is always available to answer questions about importing and exporting and can help you to understand the effect that this new temporary ban can have on your plans. All inquiries are welcome.

CBSA Reminds Canadians of Cannabis Border Laws

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CBSA Reminds Canadians of Cannabis Border Laws

Argo Customs Brokers is dedicated to maintaining clear communication with their customers and those who wish to keep themselves informed about important importing and exporting regulations. As such, we present pertinent points from a news release issued by the Canada Border Services Agency (CBSA).

The news release titled CBSA reminds Canadians of cannabis border laws, was published on May 9, 2022 by the Canada Border Services Agency.

The Canada Border Services Agency (CBSA) is reminding Canadians that even though cannabis is legal and regulated in their country, it is still against the law to bring cannabis or products made from cannabis into or out of Canada, even if it is a gift or for personal use. Make sure you buy cannabis online from a registered Canadian store. If you don’t, you could face delays, an enforcement action, or even criminal charges.

All goods that come into Canada must be reported to the Canada Border Services Agency (CBSA). Depending on how they come in (by mail, air, sea, land, or rail), they may be subject to a more thorough inspection. The Canada Border Services Agency enforces more than 100 acts of Parliament at the border where they apply (CBSA). Officers of the CBSA are allowed to check cargo coming into as well as leaving the country.

The Customs Act applies to all types of shipments, including those that are commercial, personal, sent by mail or courier, and commercial. All of these types of shipments can be searched for illegal goods, including cannabis and cannabis products.

According to the Cannabis Act, it is still against the law to bring cannabis or cannabis products into or out of Canada without a valid permit or exemption from the Canadian government. This includes CBD products made from either hemp or cannabis.

The CBSA advises, “Avoid seizures, fines or arrest. Don’t bring it into Canada. Don’t take it out of Canada.”

When entering Canada, people who try to hide the fact that they have cannabis in their possession risk having it seized, being arrested, or having to pay a fine. The level of the punishment will depend on the severity of the infraction, what kind of rule it was, and how many times it was broken.

The mission of the Canada Border Services Agency (CBSA) is to provide integrated border services that strike a balance between the need to support national security and public safety priorities and the need to make it easy for legitimate travelers and goods to cross the border. This year (2022), the Canadian Border Services Agency (CBSA) has taken 16,498 kg of cannabis from 22,779 people. Note that travelers going to or coming back from Canada can help the border crossing go smoothly if they know and follow the rules at the Canadian border.

Key Takeaways

  • Goods entering Canada from any mode of transportation, including air, sea, land, and railway, must be reported to the Canadian Border Services Agency (CBSA) and may be subject to an additional examination.
  • The CBSA enacts hundreds of laws for the benefit of Canadians.
  • You must declare any personal, mail, couriered, or commercial shipments at Customs. They may examine them for banned items, such as cannabis and cannabis products.
  • It remains illegal under the Cannabis Act for Canadians to bring cannabis or cannabis products into Canada, or to export them out of Canada, unless they’re permitted to do so.
  • If you don’t declare your cannabis when entering Canada, you could be subject to fines, arrests, and/or seizures.

Associated Links

Cannabis Act: Cannabis Act (S.C. 2018, c.16)

Customs Act: Customs Act (R.S.C., 1985, c. 1 (2nd Supp.)

Travellers: Cannabis at the border

Penalties for cannabis-related offences

Cannabis in the provinces and territories

Argo Customs Brokers is Available for Consultation

If you are an individual who needs information about how these acts affect you, make sure to read the above notifications from the Canada Border Services Agency and the associated links regarding the regulations thoroughly. The team at Argo Customs Brokers is always available to answer questions about importing and exporting and can help you to understand the effect that this information may have on your plans. All inquiries are welcome.

 

Food Product Innovation Amendments to the FDR and SFCR

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ARGO Customs brokers has years of experience with knowing how to bring food into Canada.

When it comes to food products, an importer has to comply not only with Canada Customs (CBSA) rules, but with Canadian Food Inspection Agency (CFIA) rules as well.

For all food products, an SFC licence is needed. In addition, for fresh produce, a DRC licence (or DRC exemption letter) is required.

To make it easy for importers to understand what to do for their particular goods, they are welcome to contact us directly via email at info@argocustoms.com or feel free to use the LIVE chat tool on our website at https://argocustoms.com/.

Our certified Customs specialist will provide you with useful links and step-by-step instructions.

The changes to the FDR and SFCR include:

  • – Repeal of some standard container sizes.
  • – Incorporation by reference of remaining standard container sizes.
  • – Incorporation by reference of class names.
  • – Updated definition of test market food.
  • – Harmonized and streamlined food commodity-specific labelling requirements.

CFIA updates their rules and requirements on a regular basis.  Our role is to educate our customers on what they need to do in order to ensure that Customs clearances go smoothly.

On July 6, 2022, the Canadian Food Inspection Agency published amendments to the Food and Drug Regulations (FDR) and the Safe Food for Canadians Regulations (SFCR) related to the Food Product Innovation initiative.
Guidance in the Industry Labelling Tool is updated and a summary of changes page is available.

The Food Product Innovation initiative contributes to the Government of Canada’s continued effort to modernize food labelling as part of an overall coordinated approach to the federal food regulatory framework.

ARGO Customs Brokers continually monitors all new CBSA and CFIA requirements so that our customers’ shipments can be released without delay.

Rules and Regulations for Importing Computers and Electronics from China to Canada

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China is one of the biggest suppliers of computers and electronics worldwide. Even though all the instructions for importing computers and electronics from China to Canada can be found online, considering that you are located halfway across the world, it can be challenging to do so for a number of reasons. To facilitate your search, here is a step-by-step guide:

1- Preparing for Import

Before importing computers and electronics from China to Canada as a business, you will need to obtain a Business Number (BN) to open an import RM account. The BN is issued by the Canada Revenue Agency (CRA). Click here to get a BN or contact the CRA Business Window at 1-800-959-5525. When you are importing it as an individual, and not as a business, there is no need to have a BN and ARGO Customs Brokers will assist you.

Now that you have the BN RM import number, we can assist you to determine the HS Tariff classification codes and inform you about Other Government Departments (OGD) regulations.

Most electronics items are duty free, but you have to pay Customs TAX (GST for businesses) and HST for individuals. For commercial/business importations, GST is 5% of the dollar value of the goods for all provinces. For personal importation, HST is related to the province (for example for Ontario, it is 13%).

We need a copy of the commercial invoice from your vendor in China with full description and brand name. Last but not least, ensure that the electronic gadgets you are importing are permitted in Canada. Please consult the Memoranda Series D9, Prohibited Importation and Government Departments and Agencies Reference List for Importers.

2- Classifying the Goods

Once you are sure about the type of products you are importing, we will determine a correct tariff classification number (HS code), as it is used to determine the payments (duty, when applicable and TAX) at the time of import. China uses the Harmonised System (HS) to classify the products. The HS number is a 10-digit code that is used to identify the product. The first six digits are universal, whereas the last four are unique to Canada. When you have the first six digits, ARGO Customs Brokers can assist you to find the last four.

3- Determining Taxes and Duties

On our website we present a very useful tool for you to check the HS Tariff codes, find them as per CBSA Tariffs, and check the duty and TAX on your own.

Visit http://customscalculator.com/CUSTOMSCAWeb/CUSTOMSCAWeb.aspx to access the tool.

Our customs brokerage fees can also be seen and estimated using the calculator’s link.

Visit https://argocustoms.com/fees-calculator/ to access the Canadian Tax and Duty Calculator.

4- Shipping and Reporting of Computers and Electronics

ARGO Customs Brokers conduct clearances at ALL Canadian ports and via any mode of transportation. So, whichever port your electronics arrive at, we’ll assist with the Customs clearances.

On the other hand, in case you are handling the goods yourself, consult with the Hand-Carried Goods Release Process (HCG).

5- Getting Computers and Electronics Released

As fully licensed customs brokers, we submit entries electronically via the SWI IID system. It is a fast and efficient way to make a declaration.

When you are doing the clearance by yourself (on paper), you’ll need:
● two copies of Form CI1, Canada Customs Invoice
● two copies of Form A8A-B, Cargo Control Document
● a copy of all importation documents, licences, certificates, and permits (where required)

On the flip side, if you want the import items like laptops, desktops, cameras, computers, and other electronics to be released before paying the taxes, you will have to fill out an application. You will be required to submit an approved amount as a security deposit to the CBSA.

Note: The CARM Client Portal, is a self-service tool that will facilitate accounting and revenue management processes with the CBSA, will be available to importers, brokers, and trade consultants in the near future. When it is fully implemented, the release process for individuals and businesses who wish to self-declare will be made easier.

After you have succeeded in importing computers and electronics from China to Canada, it is your job to ensure that any accounting errors are cleared and that you keep copies of the import documents safe for the next six years. If any errors were made, you will have an option to submit a B2 correction form.

The Verdict

There are some certain rules and regulations that you must follow when importing computers and electronics from China to Canada. If the above-mentioned process is not found to be easy for a new importer or individual, you can minimise the work by hiring ARGO Customs Brokers. For more information or questions, reach out to ARGO Customs Brokers. All inquiries are welcome.

Feel free to email info@argocustoms.com, or contact us via our messaging option at https://argocustoms.com/import-broker/.

Importing e-bikes (power assisted bicycles)

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On February 4, 2021, Transport Canada repealed the previous definition of a power-assisted bicycle. Instead, Transport Canada will assess the design and speed of the e-bicycles in order to determine if it is regulated under the Motor Vehicle Safety Regulations.

Transport Canada will regulate your e-bike if it:

● E-bicycles with off-road characteristics designed to operate at speeds greater than 32 km/h (power assisted).
● Is equipped with features that resemble on-road motorcycles or vehicles.
● For E-bikes equipped with speed limiters, Transport Canada will first assess the e-bike based upon the untethered speed capacity to determine if the e-bike is regulated.

E-Bikes are also regulated at Provincial and Territory levels, so it is good practice to check with your local government for regulations prior to importing or purchasing an e-bike.

Importing e-bikes

Please note that electric scooters (no pedals) follow the same guidelines. It’s important to know that not all e-bikes are admissible into Canada, so for further clarification, please visit the Government of Canada’s FAQ page or the Motor Vehicle Act Motor Assisted Cycle Regulation for full details.

Thank you for trusting ARGO Customs Brokers. We appreciate your business and continued loyalty.

If you have more questions or need consultation about importing E-bikes from China or any other countries to Canada, please contact us and one of our customs brokers provide you with more information on E-bikes regulations.

Bringing Animals to Canada: Importing and Travelling with Pets

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If you are travelling with a pet or planning to import an animal to Canada, you will need the correct paperwork at the border to meet Canada’s importation requirements.

Depending on the country of export and the type and age of the pet, requirements can vary.

Bringing animals to Canada: Importing and travelling with pets

The best way to understand the requirements is to go to the CFIA website and answer the questions online. In return, you will be provided with a list of required paperwork as well as information about legal and transportation policies. This list can be printed to have on hand at the port of entry, along with all of the pet’s usual documents.

When you travel with your pet, you must present all documents at the border in person.

Note that, when using Air Animal services, please follow their requirements regarding cage sizes and acceptable weights.

Typically, when using Air Cargo services, you will be asked to provide the name of the Customs Broker to include on the Air WayBill (AWB).

Actually, you can do the clearance by yourself and won’t need a broker, which will save some money.
Airlines, however, prefer to work with Customs Brokers to make sure that animals will neither be delayed at the border nor have any other problems.

Live animal brokers cannot declare electronically via the EDI system, so when you hire a broker, it means that they have to present at the Customs office in person.

Flights can arrive at any time of day or night, so sometimes you may need a broker’s assistance after hours to release animals immediately and this service can be costly.

ARGO Customs Brokers offers money-saving tips as well as consultation regarding how to complete the necessary steps by yourself.

Over the last two years, we consulted with many individuals who wanted to import their pets. These pets played crucial roles regarding stress reduction for their owners during the pandemic.

We are proud that our detailed and professional information helped many to do everything by themselves which resulted in successful pet importation.

Satisfied owners have even sent us pictures of their sweet, happy cats and dogs that safely arrived at new homes.