Onion Pilot Project for Canadian Exporters of Onions to the USA

Please be advised that a new pilot project for exports of onions to the United States is now available. “Operational procedure: Onion Pilot Project for Canadian Partners in Quality Preventive Control Inspection.”

This procedure provides industry participants with the option to participate in the existing Canadian Partners in Quality (C-PIQ) Program. Industry can self-issue their own export documents when they meet all elements of the program. These elements include a valid and effective preventive control plan (PCP) under the Safe Food for Canadians Regulations (SFCR), a traceability program in place, and a good compliance history. This procedure, along with the current C-PIQ Program Manual, will provide the guidelines for this new pilot. Instead of having Canadian Food Inspection Agency (CFIA) inspectors doing grade verifications on every load of onions being exported, CFIA inspectors will do inspections in participating establishments a few times per year, as outlined in the operational procedure.

Onion exporters who are interested in learning more about the pilot project should contact their local CFIA office to enquire further. If exporters are requesting inspections from the CFIA on a frequent basis (that is once per week or more often), the CFIA recommends participating in the program. The pilot project offers increased flexibility to export onions to the United States as export documents are self-issued, and the overall inspection burden is reduced.

Please note that while there are fees associated with the program, for the 2021-22 shipping season, the $1042.44 annual CPIQ registration fee is waived for the pilot project. The pilot project will conclude on August 31, 2022.

https://cscb.ca/article/exporters-onions-united-states-exportateurs-doignons-aux-%C3%A9tatsunis

CARM Phase 3 (Release 2) Implementation – January 2023

The CARM Portal (CPP) has now been divided into three (3) phases instead of the original two phases.  May 1, 2022 was the original deadline set by CBSA for importers to have in place the RPP Bonds (Annual Surety Bonds).   CBSA has moved the new deadline to January 2023 and renamed that new date Phase 3 (Release 2).  Annual Surety Bonds will only be mandatory as of January 2023.

Implementation of the Canada-United Kingdom Trade Continuity Agreement

On January 1, 2021, the United Kingdom (U.K.) departed the European Union (EU) Single Market, thus losing the preferential terms of trade that have been applied under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) since September 21, 2017.

As of April 1st, 2021 Canada and the U.K. have agreed to a transitional trade agreement that replicates and preserves access to the benefits provided in CETA on a bilateral basis.

Entitlement to the tariff benefits offered under the CUKTCA is determined in accordance with the Protocol on Rules of Origin and Origin Procedures of CETA, as incorporated by reference in the CUKTCA.

A blank CUKTCA form is available on our website in the “Forms” section.

CUSMA (Canada-US-Mexico Agreement) Replaces NAFTA on July 1, 2020

The Canada-United States-Mexico Agreement (CUSMA or also referred to USMCA) is scheduled to enter into force on , replacing the North American Free Trade Agreement (NAFTA).  There will be no transition period.  The CUSMA certificate and Continuation Page are both available in our Forms section of this website https://www.alphalogistiques.com/resources/forms/

Once the CUSMA comes into effect, any claims for preferential tariff treatment must satisfy the rules of origin requirements of the new agreement. For many goods, however, there will be no difference between the NAFTA and the CUSMA rules of origin.  The Rules of Origin document is available in our Forms section of this website https://www.alphalogistiques.com/resources/forms/

The importer will be able to claim the preferential tariff treatment under the CUSMA for goods released on or after the date of entry into force of the CUSMA.  It will not be possible to claim the preferential tariff treatment under the NAFTA for goods released after the CUSMA entry into force date.

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.

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.

The importer must provide the certification of origin for which the claim for preferential tariff treatment to the CBSA upon request.  You may read more about CUSMA- USMCA- TMEC at https://www.cbsa-asfc.gc.ca/services/cusma-aceum/menu-eng.html

U.S. Tomato Brown Rugose Fruit Virus Requirements

On November 15, 2019, the United States Department of Agriculture (USDA)  released a Federal Order regarding the importation of tomato and pepper which are hosts of the Tomato Brown Rugose Fruit Virus (ToBRFV).

Effective November 22, 2019, the United States Department of Agriculture – Animal and Plant Health Inspection Service (USDA-APHIS) will impose new requirements for the importation of tomato and Capsicum spp. (pepper), which are hosts of the ToBRFV. The USDA indicates that this measure is necessary to prevent the introduction of the virus into the United States. More precisely:

  •   The USDA is restricting the importation of tomato and Capsicum spp. (pepper) by imposing import requirements on plants and plant products to mitigate the risk of ToBRFV. Imports of propagative material (including plants for planting, seeds, grafts, obscured seeds and cuttings) must be free from ToBRFV based on origin from an area where the pest is absent or on negative diagnostic testing results.
    • Propagative material from Canada will have to be accompanied by a Phytosanitary Certificate with an additional declaration certifying that the product meets US import requirements.
  • The USDA is also placing new requirements on imports of fresh tomato and pepper fruit from those countries where ToBRFV is present and that are approved to export to the United States.
    • According to the USDA, although ToBRFV has not been reported in Canada, because Canada imports tomato and pepper fruit from Mexico that are re-exported to the US, tomato and pepper fruit from Canada will need to be inspected at the point of origin to ensure it is free of disease symptoms.
      • Fruits from Canada will have to be accompanied by a certification document issued by the grower or packer, indicating that the fruits have been inspected and been found free of symptoms of ToBRFV.
      • A phytosanitary certificate with a declaration that the fruit has been inspected and found free of symptoms is another option.
    • In addition, U.S. Customs and Border Protection (CBP) will increase inspections at U.S. ports of entry to ensure imported tomato and pepper fruit entering from Canada (and other identified countries) do not show signs of the virus upon arrival.

These requirements for imported fruit will remain in place until the USDA completes its risk analysis of the fruit pathway for ToBRFV introduction into the United States and determines appropriate regulatory action.

In Canada, the Canadian Food Inspection Agency (CFIA) is working to implement these new requirements. If you plan to export tomato or Capsicum spp. (pepper) propagative material or fruit to the United States in the coming weeks and haven’t already contacted the CFIA regarding these new requirements, please contact your local CFIA office.

More information on the this issue is available on the USDA website:

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/federal-import-orders/tobrfv/tomato-brown-rugose-fruit-virus

Market Access Secretariat
Agriculture and Agri-Food Canada
E-mail Address: aafc.mas-sam.aac@canada.ca

The Certification Document can be found on our website in the Forms section

CAED B13A to be Replaced by CERS in June 2020

As of June 30, 2020 the B13A will be replaced by CERS (Canadian Export Reporting System).  The information required will be the same as a B13A, but the CAED Software will be replaced by the CERS online portal.  If you have already used the CAED software or a service provider has submitted B13A on your behalf, you will received a letter between February 2020 and June 2020 with your CERS password.  If your business has never submitted a B13A Export Declaration before, registration for CERS will begin March 2020.

You will need to register for CERS and you can assign users.  You will need to create a CERS User Account and then create a CERS Portal Business Account.  The new system will also allow service providers to continue doing your new “B13A” Export Declarations as Proxy Account Holders.

The CERS Chapter 25 document explains the process.ECCRD-CERS Portal-Ch 25 V1.1 – FINAL – EN

US Customs Section 301 – Tranche 4 Duty 15% – Effective September 1, 2019

Modifications to the action being taken in the Section 301 investigation will increase the rate of additional duty from 10 to 15 percent for the products of China covered by the $300 billion tariff action (Tranche 4) published on August 20, 2109.

BACKGROUND:

On August 20, 2019, the United States Trade Representative (USTR) published a Modification of Section 301 Action in 84 FR 43304 introducing another imposition of additional tariffs on products of China with an annual trade value of approximately $300 billion which is referred to as Tranche 4.  The tariff subheadings subject to additional duties under Tranche 4 are separated into two lists with different effective dates – Annex A contains the formal Harmonized Tariff Schedule of the United States (HTSUS) language for list 1 and Annex B contains an informal description of the products in list 1.  Annex C contains the formal HTSUS language for list 2 and Annex D contains an informal description of the products in list 2.

On August 30, 2019, in accordance with the specific direction of the President, the USTR published their determination to modify the action being taken in the Section 301

investigation by increasing the rate of additional duty from 10 to 15 percent for the

products of China covered by the $300 billion tariff action (Tranche 4).  See 84 FR 45821.

GUIDANCE:

Products Covered by Tranche 4, Annex A (Described in Annex B) – additional duty of 15 percent ad valorem is effective September 1, 2019

The additional import duties for Chinese goods covered by Annex A, published in the August 20, 2019 list of products subject to the Section 301 action, and are effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 AM eastern daylight time on September 1, 2019.  Any article classified in a subheading covered by Annex A that is a product of China is subject to a 15% ad valorem duty rate, in addition to the general (Column 1) rate of duty for that particular subheading.

The new 4th Tranche of List 1 Excluded Product include the below five completed Harmonized Tariff Schedule (HTS) numbers:

8407.21.0040
8427.10.4000
8473.40.1000
8481.10.0090
8483.50.9040

US Customs – Section 301 China origin goods

On August 18, 2017, the Office of the United States Trade Representative (USTR) initiated an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies and practices related to technology transfer, IT and innovation.
On June 20, 2018 the USTR published a Notice Of Action, imposing a 25 % ad valorem rate of duty shown on LIST 1 of 818 HTSUS numbers.
On August 16, 2018 the USTR published a Notice of Action for the imposition of 25 % additional import duties on LIST 2, affecting an additional 279 HTSUS numbers.
On September 21, 2018 the USTR published a Notice Of Action for the imposition of a 10% additional import duty on LIST 3, affecting an additional 5745 HTSUS numbers. These lists only affect goods manufactured in China and are currently in effect.  Please see the link below for the complete list of HTSUS numbers affected by Chinese origin goods imported into the USA.
https://www.cbp.gov/document/guidance/section-301-htsus-reference-guide