Representation

Once the customs authorities have issued a classification, a decision on valuation or country of origin, either through a ruling or entry review, the onus is then on the importer to appeal or to submit additional information in order to reverse that determination.

Every case is unique, and we recognize that it can seem daunting to debate the fine points of the law in order to convince the authorities that their assessment may have been incorrect. The risk of doing nothing is accepting a higher rate of duty or an onerous process: This does not have to be that way! In order to benefit your company, we will review your case and provide you with our opinion as to the feasibility of overturning a decision, or even of getting a favourable ruling ahead of an importation or exportation.

We also offer duty-recovery services through drawback or appeals process. If you have been paying customs duties at time of importing into Canada, it is often possible to recover these as a result of a new interpretation of the customs tariff, or if the items are exported or diverted to a use that benefits from a special exemption – please contact us for assistance!

Whether an issue of the CGP or of EIPA, an item’s export control classification in Canada is always assessed by the Export Controls Division (TIE) of Global Affairs Canada (GAC). A little-known fact is that in the process of reviewing an application for an export permit, the application can only be denied by the Minister and that authority cannot be delegated! Too often our clients will receive a call from TIE suggesting that they withdraw their application because it will “likely” be denied. That is the time to call us to review your file.

Withdrawing an application leaves you without a clear way forward for similar sales in the future, and we generally will advise against it. As a way forward we may recommend a meeting with the TIE officials and perhaps with the Division’s Director either at GAC or at your facility that we could also attend. A meeting such as this would be in order to review the fine points of the product, your business and the risks (or lack of risk) that the transaction represents to Canada. In our experience, that is the best way to ensure that you get an accurate and fair review of the export control status of your product as well as the end destination which can also be problematic in certain instances.

A Commodity Classification Automated Tracking System (CCATS) ruling is the best way to ensure that your US exports comply with US Bureau of Industry and Security (BIS). We can assist you with a submission to have an item classified so that you have peace of mind when exporting from the US, or re-exporting from Canada.

Re-export authorisation is required from the US Department of State for products controlled by the USML under ITAR. This authorisation is required for submission to obtain a Canadian export permit prior to exporting USML goods from Canada. Export documentation requirements should be sought as soon as the contract to export has been agreed. Do not leave export document requirements too long because waiting to the last minute can cause significant delays to the export of your goods. We will also assist with representation to the Directorate of Defense Trade Controls (DDTC) to obtain a confirmation of classification in the USML or obtain re-export authorisation in order to export an item from Canada.