Natural Health Products (NHP) and AIRS

Health Canada regulates natural health products (NHPs) so that Canadians can have confidence that the products they use are safe, effective, and of high quality. Labels are an important tool to assist Canadians in making informed health choices when selecting and using NHPs.

Health Canada has amended the Natural Health Products Regulations to make NHP product labels easier to read and understand. These changes support consumers in selecting and safely using NHPs. For more information and to access the supporting Labelling of Natural Health Products guidance document, visit What’s New: Natural and non-prescription health products.

Key Takeaways

Under the Natural Health Products Regulations, which came into effect on January 1, 2004, natural health products (NHPs) are defined as:

  • Probiotics
  • Herbal remedies
  • Vitamins and minerals
  • Homeopathic medicines
  • Traditional medicines, such as traditional Chinese medicines
  • Other products like amino acids and essential fatty acids

Choose “other end uses” as the commodity use designation when importing.

The Automated Import Reference System (AIRS) is a reference tool that shows the import requirements for Canadian Food Inspection Agency (CFIA) regulated commodities. AIRS is a Canadian Food Inspection Agency (CFIA) tool that utilizes a series of questions to determine the admissibility requirements of animals, plants, and food items.

The Canadian Society of Customs Brokers (CSCB) recently initiated an inquiry for a natural health product, and ARGO Customs (as a corporate CSCB member) wants to share this information as you may find the answer beneficial when using AIRS.

Q:   Natural health products are not regulated as food, yet when using AIRS and selecting “for human consumption,” the requirement for an SFC licence is listed. Why is this occurring?

A:    In fact, there are products that are for humans to consume per se (e.g., NHPs), for which brokers should not be selecting “for human consumption.” We typically say that “for human consumption” is reserved for foods subject to the licence requirements of the Safe Food for Canadians regulations.

Although NHP are technically for humans to consume, you’re correct that they aren’t regulated as “food” and so “for human consumption” shouldn’t be used. Maybe the best advice I can give is to think about it this way:

  1. If the commodity is regulated as a food under the SFCR and is not subject to any exemptions or exceptions, choose “for human consumption.”. The Conditions of Import in AIRS for “other end uses” list these exemptions/exceptions.
  2. If the commodity is regulated as a food under the SFCR and is subject to an exemption/exception – choose “other end uses.”
  3. If the product is consumed but not regulated as a food (e.g., NHPs, pharmaceutical products), choose “other end uses.”

Helpful Links

Forms, templates, and guidance documents from Canada.ca:

The CSCB (Canadian Society of Customs Brokers) actively seeks and achieves improvements in government policies and procedures on behalf of our members and their clients and consistently delivers relevant, high quality products and services, including education and professional development. The CSCB creates member value and benefits through education, advocacy, information, and innovation.

If you or your business need assistance with these import regulations, please do not hesitate to contact ARGO Customs Brokers. ARGO is always available for consultation regarding importing into Canada and exporting globally.

CBSA Trade compliance verifications: January 2024

The Canada Border Services Agency (CBSA) has a specific approach to the verification of commercial goods destined for Canada. Trade compliance verification reports represent a large part of ongoing efforts to ensure trade compliance.

Key Takeaways

To be trade compliant, the importing community must meet all of the requirements governing the accounting of commercial goods imported into Canada, including, but not limited to:

  • classifying their commercial goods under the appropriate tariff classification
  • accurately declaring the origin and value of the goods, in accordance with legislative requirements
  • paying the appropriate duties and taxes on the goods

The CBSA monitors the extent to which commercial goods are trade compliant by conducting targeted verifications and issuing verification priorities.

The January 2024 Trade Compliance Verification priorities are as follows:

Tariff verification priorities are:

  • Freezers and other freezing equipment – Harmonized System Number(s): Headings 84.18
  • Washer and Dryers – Harmonized System Number(s): Headings 84.50 and 84.51
  • Spent fowl – Harmonized System Number(s): Headings 02.07, 16.01, and 16.02
  • LED lamps – Harmonized System Number(s): Heading 85.39
  • Furniture for non-domestic purposes – Harmonized System Number(s): Headings 94.01 and 94.03
  • Parts of lamps – Harmonized System Number(s): Heading 94.05
  • Cell phone cases – Harmonized System Number(s): Headings 39.26, 42.02 and 85.17
  • Pickled vegetables -Harmonized System Number(s): Heading 20.01
  • Parts of machines and mechanical appliances – Harmonized System Number(s): Heading 84.79
  • Bicycle Parts – Harmonized System Number(s): Heading 87.14
  • Parts for Use with Machinery of Chapter 84 – Harmonized System Number(s): Heading 84.31
  • Indicator Panels and Light-Emitting Diodes (LED) – Harmonized System Number(s): Headings 85.31 and 84.41
  • Safety Headgear (Round 5) – Harmonized System Number(s): Subheading 6506.10
  • Disposable and Protective Gloves (Round 5) – Harmonized System Number(s): Subheadings 3926.20 and 4015.19

Valuation priorities are:

  • Apparel – Harmonized System Number(s): Chapters 61 and 62, with an emphasis on assists
  • Most-Favoured-Nation tariff treatment withdrawn from Russia and Belarus
  • Effective March 2, 2022, the Most-Favoured-Nation (MFN) tariff treatment no longer applies to goods imported into Canada that originate in Russia or Belarus.
  • This includes goods shipped:
    • directly from Russia or Belarus
    • from a third country

You must now account for these goods under the General Tariff rate of customs duty of 35%.

Helpful Links

Argo Customs Brokers Is at Your Service

If you have any questions or need assistance regarding the effects that the trade compliance verifications may have on your business, please reach out to Argo Customs Brokers. Our team of experts is here to help you navigate the requirements of the CBSA. Contact us today for any import/export services or information you may require.

New Sanctions and Export Controls in Response to Russia’s Invasion of Ukraine

The Canada Border Services Agency Assessment issued Customs Notice 22-01: New Sanctions and Export Controls in Response to Russia’s Invasion of Ukraine (modified December 8, 2023) to inform importers and exporters about measures imposed by the Government of Canada under the Special Economic Measures Act (SEMA) since February 24, 2022, in response to Russia’s invasion of Ukraine.

In addition to the following economic measures, as of February 24, 2022, Global Affairs Canada has also stopped the issuance of new permits under the Export and Import Permits Act (EIPA) for the export and brokering of controlled strategic, dual-use, and military goods and technology to Russia.

Exporters with valid permits for the export or brokering of items to Russia prior to this date have had their permits cancelled. Only permits and applications related to specific end-uses such as medical supplies and humanitarian needs, may be considered exceptions on a case-by-case basis. Please see Notice to Exporters No. 1071, Export and Brokering of Items, listed on the Export Control List and the Brokering Control List to Russia.

Key Takeaways

Goods subject to import sanctions imposed under the Special Economic Measures (Russia) Regulations include, but are not limited to:

  • Petroleum (any good referred to in column 1 of Schedule 5);
  • Luxury goods (any good referred to in column 1 of Part 2 of Schedule 6); as of December 5, 2023, among other articles, this list also includes:
    • Diamonds (unsorted, non-industrial, synthetic or reconstructed)
    • Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal
    • Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of precious metal or of metal clad with precious metal
    • Articles of precious metal or of metal clad with precious metal
    • Articles of precious or semi-precious stones (natural, synthetic or reconstructed)
    • Wristwatches, pocket-watches and other watches, including stopwatches, with cases of precious metal or metal clad with precious metal.
  • Certain gold products (any good referred to in column 1 of Schedule 9), including unwrought gold, semi-manufactured gold, gold powder, monetary gold and jewellery made of gold;
  • Any type of weapon, ammunition, military vehicle or military or paramilitary equipment, or a spare part for any of those goods;
  • Steel and Aluminum products, as specified in Schedule 11;
  • Arms and related material.
  • Under the Special Economic Measures (Ukraine) Regulations, it is prohibited to:
    • import, purchase, or acquire goods, wherever situated, from: the Donetsk People’s Republic (DNR); the Luhansk People’s Republic (LNR); the Russian-occupied Kherson region of Ukraine; the Russian-occupied Zaporizhzhia region of Ukraine; the Crimea Region of Ukraine; or from any person in these regions.
    • export goods destined for: the Donetsk People’s Republic (DNR); the Luhansk People’s Republic (LNR); the Russian-occupied Kherson region of Ukraine; the Russian-occupied Zaporizhzhia region of Ukraine; the Crimea Region of Ukraine; or sell, supply, or transfer goods, wherever situated, to any person in these regions.

Helpful Links

 

 

For more information relating to sanctions, including the Special Economic Measures Act (SEMA) and associated regulations, or the process to apply for a permit or certificate under SEMA, please contact:

Sanctions Policy and Operations Coordination Division
Global Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, ON K1A 0G2
Telephone: 1-877-808-8838 (Toll free)
Email: sanctions@international.gc.ca

If you have any questions or need assistance regarding the effects that the New Sanctions and Export Controls in Response to Russia’s Invasion of Ukraine may have on your business, please reach out to Argo Customs Brokers. Our team of experts is here to help you navigate the requirements of the CBSA. Contact us today for any import/export services or information you may require.

Message to industry: Wheat products tariff rate quota (TRQ) – Quota will be filled on November 4, 2023

Issued by Global Affairs Canada on October 6, 2023

Global Affairs Canada has issued a message relating to imports of wheat products with the following Customs Tariff headings: 11.01, 11.03, 11.04, 11.08, 11.09, 19.01, 19.02, 19.04, 19.05, and 23.02.

The purpose of the message is to inform importers of wheat products that the 2023-2024 Wheat Products tariff rate quota will be filled as of 20:59 p.m. Ottawa time (EST) on November 4, 2023, and that the “within access commitment” tariff items will be closed at that time.

Key Takeaways

  • The wheat products tariff rate quota (TRQ) will be filled on November 4, 2023.
  • Consequently, November 4, 2023 (at 20:59 p.m. Ottawa time EST) will be the cut-off date for accounting for imports of all wheat products classified under a “within access commitment” tariff item number.
  • All imports of wheat products accounted for after the cut-off date and time will be classified at the “over access commitment” tariff item number, even if they were imported (or imported and released) before the quota has been filled.
  • After the TRQ level is reached, some wheat products that qualify under the U.S., Mexican, Chilean, Peruvian, Costa Rican, European, or United Kingdom’s tariff will continue to be assessed at the “within access” lower rate of duty.

Helpful Links

A Notice to Importers explaining this action is available on the Government of Canada website:

Notices – No. 1072 – Wheat, Barley and their Products

More Information

If you have questions about this particular tariff, the Government of Canada offers this email address: wheat.barley-ble.orge@international.gc.ca.

If you have questions or require assistance, please reach out to Argo Customs Brokers. Our team of experts is here to help you navigate all government requirements. Contact us today for any import/export services or information you may require.

Cbsa Kicks Off Final Phase Before CARM Becomes the New System of Record for the Collection of Duties and Taxes for Commercial Goods Imported Into Canada

The Canada Border Services Agency Assessment and Revenue Management (CARM) is a multi-phase project to modernize the collection of duties and taxes for commercial goods imported into Canada.

The CBSA has taken a phased approach to making it the official system of record for the collection of duties and taxes for commercial goods imported into Canada. In October 2023, the CARM Release 2 system will be available for selected industry partners who want to test their own internal systems and for software service providers to continue to certify their software with CARM.

Key Takeaways

  • The proposed regulatory amendments continue on schedule, with a planned date of May 2024, when CARM becomes the official system of record. Further enhancements are expected to become available in fall 2024.
  • A forum will be established with key stakeholders to discuss the implementation of this phased approach and the application of regulations in support of CARM.
  • To ease the transition to CARM, all commercial businesses that import goods into Canada are to register now on the CARM Client Portal, ahead of May 2024.

Helpful Links

If you have any questions or need assistance regarding the effects that the changes to CARM may have on your business, please reach out to Argo Customs Brokers. Our team of experts is here to help you navigate the requirements of the CARM Client Portal. Contact us today for any import/export services or information you may require.

General Export Permit – Dual-use Goods and Technology to Certain Destinations

General Export Permit – Dual-use Goods and Technology to Certain Destinations

Amended by Global Affairs Canada on September 1, 2023

Dual-use items are goods and technologies that may be used for both civilian and military purposes. Dual-use export controls cover a wide range of products and technologies and affect not only manufacturers but also transport providers, academia, and research institutions.

  1. The purpose of this Notice is to advise exporters that, pursuant to the Export and Import Permits Act, the Minister of Foreign Affairs has amended a General Export Permit (GEP) relating to the export or transfer of certain dual-use goods and technology identified in Group 1 and in item 5504 of the Export Control List (ECL) /“A Guide to Canada’s Export Control List” (the Guide) to certain eligible destinations. This Notice to Exporters replaces an earlier Notice dated August 2015, which has been archived.
  2. On September 1, 2023, General Export Permit No. 41 (GEP-41) was amended to add a new category to the list of “unauthorized goods and technology” under paragraph 3(2)(e). Specifically, paragraph 3(2)(e) now prohibits the use of GEP-41 for the export or transfer of goods or technology that are intended for the development, production, or use of rocket systems or unmanned aerial vehicles with a range of 300 km or greater.

Helpful Links

General Export Permit No. 41 – Dual-use Goods and Technology to Certain Destinations

Additional Information

The full text of this regulation and its accompanying Regulatory Impact Analysis Statement is available in the August 12, 2015 edition of the Canada Gazette, Part II.

The Notice to Exporters for GEP No. 41 – Dual-use Goods and Technology to Certain Destinations can be found on the Export Controls Division website: www.exportcontrols.gc.ca

CFIA Import Permits

The Canadian Food Inspection Agency (CFIA) issues an official document called the CFIA import permit, which authorizes the importation of specific goods into Canada.

This permit serves as a guarantee that the imported goods adhere to the health and safety standards established by the CFIA. Acquiring this permit is an essential prerequisite for importing goods into Canada, as it ensures compliance with Canadian regulations.

The CFIA import permit aims to safeguard the well-being of Canadians and preserve the integrity of Canada’s food system. It is imperative to obtain all the requisite permits and documentation to prevent any complications with customs and border control.

My CFIA Account

By signing up for a My CFIA account on the Canadian Food Inspection Agency / Agence canadienne d’inspection des aliments (canada.ca) website, you can submit a new service request, track the status of your application, and pay for the service online. If you do not have access to My CFIA, a completed application can also be faxed or mailed to the Centre of Administration (CFIA).

Depending on the particular commodities, volume, and some other factors, corresponding fees will be due. Please access information regarding the CFIA fees using the following link:

https://inspection.canada.ca/about-cfia/acts-and-regulations/list-of-acts-and-regulations/cfia-fees-notice/eng/1582641645528/1582641871296

ARGO Customs Brokers Is At Your Service

Before you place your order, please contact ARGO Customs Brokers directly at our Email: info@ argocustoms.com and we’ll check if a CFIA permit is needed for your goods.

Importer Records Maintained Within Canada

Argo Customs Brokers is pleased to present pertinent guidance from a memorandum issued by the Canadian Border Services Agency (CBSA). The document titled Memorandum D17-1-21 – Maintenance of Records in Canada by Importers (cbsa-asfc.gc.ca), provides information concerning the requirements regarding the maintenance of records by importers at their place of business in Canada or at any other place designated by the Minister.

 

Key Takeaways

  • The memorandum has been revised to update the Canada Border Services Agency (CBSA) policy concerning the requirements regarding the maintenance of records in and outside of Canada.
  • The template of the Agreement to Maintain Records Outside of Canada was changed to the Agreement to Maintain Records Elsewhere than the Place of Business in Canada to include all scenarios where the records are not kept at the place of business in Canada.

 

Importer Records Maintained Within Canada:  Record-keeping requirements for imported commercial goods apply to resident and non-resident importers, including exporters abroad who ship commercial goods to themselves in Canada.

At a minimum, importers are required to keep, for the period of six years following the importation of the commercial goods, all records that relate to the origin, marking, purchase, importation, costs, and value of the commercial goods; payment for the commercial goods; the sale or other disposal of the commercial goods in Canada; and any application for an advance ruling made under Section 43.1 of the Customs Act (the Act) in respect of the commercial goods. In addition to these requirements, the Imported Goods Records Regulations (the Regulations) also require additional records be kept for various specific entities and in various scenarios.

Generally, an importer is required to maintain records at its place of business in Canada. However, an importer may submit an application to the CBSA requesting authorization to maintain records at a location in Canada other than its place of business. The form Agreement to Maintain Records Elsewhere than the Place of Business in Canada can be found at the following CBSA link: BSF900. The agreement must identify the corporate address(es) – the address registered for tax purposes, those of the place(s) of business, as well as the business address where the records will be maintained, and how the location relates to the importer (e.g., accountant’s office, customs broker’s office). If the records are kept at more than one location in Canada, they have to be integral at no less than one of the locations, or a portal must be in place to access the records electronically. Note that in order to respect the above requirements, PO boxes and mail forwarding services will not be accepted.

Helpful Links:

How to calculate your CBSA import duty and tax when you import goods to Canada

ARGO Customs Brokers has prepared a very useful and easy-to-use tool for you called the Duty and Tax Calculator that helps you estimate the amount of duty and tax you will be charged when you import goods to Canada.

To use the form, simply indicate the 10-digit HS code, country of origin, and value of the goods, and the calculator will present you with a total. Finding the HS code requires locating the type of imported goods in the table on the right-hand side of the form.

Click here to access the Duty and Tax Calculator

To better understand how the taxes will be applied, consider the following:

  • A commercial or business importation would be levied a Customs tax of 5% (GST) on top of the duty for all provinces.
  • A one-time personal importation will be taxed according to the province of residence.

For more information, please check the article on the CBSA’s website titled “Importing commercial goods into Canada – 3. Determining duties and taxes.”

Of special note, some goods (like basic groceries) could be zero-rated (tax-free).

In addition to the Duty and Tax Calculator, Argo Customs Brokers offers an additional calculator that is used for estimating Customs Brokerage fees.

Click here to access the Customs Brokerage Fees Calculator, and in a few clicks, you will be able to calculate the fees.

We invite you to consult with our brokers directly regarding any importing or exporting activities via our chat option at https://argocustoms.com/ or via email at info@argocustoms.com.

Notice of extension of re-investigation: Copper pipe fittings

Argo Customs Brokers is pleased to present pertinent points from a notice issued by the Canada Border Services Agency. The notice titled Notice of extension of re-investigation: Copper pipe fittings (CPF 2023 RI) was published on May 17, 2023.

The Canada Border Services Agency (CBSA) has extended the re-investigation to update the normal values and export prices of certain copper pipe fittings from the United States, South Korea, and China and the amounts of subsidy for certain copper pipe fittings from China.

The re-investigation has been extended by 28 days due to the complexity and novelty of the issues presented by the re-investigation. The re-investigation will now conclude by August 17, 2023.

The revised re-investigation schedule is now available.

The subject goods are defined as:

“Solder joint pressure pipe fittings and solder joint drainage, waste, and vent pipe fittings, made of cast copper alloy, wrought copper alloy, or wrought copper, for use in heating, plumbing, air conditioning, and refrigeration applications, originating in/or exported from the United States of America, the Republic of Korea, and the People’s Republic of China.”

Exclusions

The Tribunal excluded the following copper pipe fittings from its injury findings:

  1. 4 cast drainage lead 8 oz. closet flange;
  2. 4 cast drainage 14 oz. lead closet flange; and
  3. Copper-iron high-pressure alloy fittings manufactured with UNS C19400 grade copper alloy and with safe working pressure up to 1,740 psi.

Key Takeaways

  • This is an extension of an investigation that was initiated on February 15, 2023. None of the parameters of the investigation have changed since its inception.

Associated Links

Argo Customs Brokers is Available to Assist

If you are an individual or represent a company that is involved with importing copper pipe fittings, ARGO Customs brokers can provide assistance. 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 extension can have on your plans. All inquiries are welcome.