Crowell & Moring LLP (LexBlog Canada)
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Litigation Recall Report: Nationwide Lawsuit Follows 4moms Recall of MamaRoo Baby Swing and RockaRoo Baby Rockers
New parents have their hands full. Baby bouncy seats and swings offer busy caregivers a way to put an infant down but still allow him or her to see and interact with the surrounding environment. But recent recalls have led parents to think twice before going hands free. On August 15, 2022, 4moms and the...
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Customs Ruling of the Week – Classification and Country of Origin of Liquid Sugar
In ruling N324972 (June 24, 2022), Customs and Border Protection (CBP) discussed the tariff classification and country of origin of liquid sugar from Canada. The subject merchandise contains 66.7% sugar and 33.3% water and trace amounts of Calcium hydroxide. The raw cane sugar is a product from Brazil that is granulated, diluted with water, heated,...
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FDA Publishes Principles for AI and ML in Medical Devices
On October 27, 2021, the U.S. Food and Drug Administration (FDA) in collaboration with Health Canada, and the UK’s Medicines and Healthcare products Regulatory Agency (MHRA), published Guiding Principles for the use of artificial intelligence and machine learning (AI/ML) in medical devices. The principles are designed to support good machine learning practices (GMLP) and to...
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G7 Announces Joint Actions on Forced Labor in Global Supply Chains
On June 13, 2021, leaders from the U.S., U.K., Canada, Japan, France, Germany, and Italy (the G7) — announced their joint actions to support and strengthen free and fair trade. The joint actions emphasized efforts to combat forced labor in global supply chains as well as other initiatives to review trade policies to further women’s...
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Canada Proposes Retaliatory Tariff List in Response to Latest U.S. Tariffs on Canadian Aluminum Products: Comments Due September 6, 2020
The Government of Canada has announced retaliatory tariffs of 10 percent on certain steel and aluminum imports from the United States, effective September 16, 2020. These countermeasures will only apply to goods originating from the U.S. and will remain in place until the U.S. eliminates its aluminum tariffs. The U.S. had previously announced on August...
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Canada and Mexico Eliminate Section 232 Steel/Aluminum Countermeasures as of May 20
Following the U.S. removal of Section 232 tariffs on steel and aluminum products from Canada and Mexico, both countries have officially lifted their retaliatory tariffs. Canadian Finance Minister Bill Morneau announced that effective May 20, 2019, Canada is lifting its retaliatory countermeasures against the U.S. The Mexican Ministry of Economy published, and put into force, a decree on May 20, 20
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Latest U.S. Trade Actions/Tariffs and Other Countries Retaliatory Measures – Updated May 20, 2019
Last updated on September 13, 2019: Added a delay in the U.S. implementation of a 5% increase on Lists 1-3 tariffs from October 1 to October 15, 2019. U.S. Trade Actions Action Covered Products Rate Increase Effective Date Section 232 Steel and Aluminum Steel – 25% Aluminum – 10% 6/1/2018 Status: Steel – all countries...
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Canada and U.S. Fail to Reach New NAFTA Agreement; Congress Notified of U.S.-Mexico Trade Deal
On August 31, after a week of talks, Canada and the United States failed to reach agreement on a new NAFTA that aligns with the bilateral U.S.-Mexico agreement reached on August 27. Among the key outstanding issues is the U.S. objective of opening up Canada’s dairy market and the Canadian objective of maintaining Chapter 19 of...
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Canada Announces U.S. Section 232 Retaliatory Tariff List – Effective July 1
On June 29, 2018, Canada released its retaliatory tariff list in response to the U.S. Section 232 tariffs on imports of certain steel and aluminum products from Canada at the rates of 25% and 10%, respectively. The list is broken out into three tables. Items in Table 1 will be subject to a 25 per cent...
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U.S. Allies Release Lists of Retaliation Tariffs on American Exports
On May 31, 2018, the Department of Commerce announced the imposition of tariffs on imported steel and aluminum products from Canada, Mexico, and the European Union (EU). The 25 percent tariff on imported steel and the 10 percent tariff on imported aluminum products officially took effect on June 1, 2018. Canada, Mexico, and the EU...
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President Imposes Section 232 Steel and Aluminum Duties on Imports from the European Union, Canada, and Mexico
On May 31, 2018, President Trump signed two new presidential proclamations adjusting steel and aluminum duties initiated under Section 232 of the Trade Expansion Act of 1962. These ended temporary exemptions of duties for imports of steel and aluminum products from the European Union (EU), Canada, and Mexico. As a result, a 25 percent duty...
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President Makes Decisions on Country Exemptions for Section 232 Tariffs
On April 30th, the President issued two proclamations extending country exemptions for certain U.S. allies on the steel and aluminum tariffs pursuant to Section 232(b) of the Trade Expansion Act of 1962. The President extended temporary exemptions for Canada, Mexico, and the European Union, granted a permanent exemption on steel tariffs for South Korea, and...
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EU Publishes List of Proposed U.S. Retaliation Targets in Response to Section 232 Tariffs
The European Commission released a list of U.S. products on Friday, March 16, that could be subject to tariffs if the President does not exclude the EU from the Section 232 tariffs. The list was released a week after President Trump signed the proclamations to impose a 25 percent tariff on steel imports and a...
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NAFTA Renegotiation: Apparel, Fashion, and Many Retail Brands vs. Textile Industry
The Trump administration’s decision to renegotiate NAFTA has created concerns for U.S. fashion, apparel, and textile companies and their respective supply chains. As with U.S. automakers, NAFTA has allowed fashion, apparel, and textile companies to develop regional supply chains where qualifying U.S. apparel and textiles enter into Canada and Mexico duty-free. The priorities for fashion,...
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New Private Right of Action in Canada for False or Misleading Electronic Advertising
This alert has been prepared in collaboration with Canada’s Fasken Martineau law firm. Mr. Di Domenico is a partner and regional chair of the firm’s Antitrust/Competition & Marketing Group in Toronto. Chris Cole is Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private...
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Canadian Consumer Product Safety Act Takes Effect
On June 20, 2011, the Canadian Consumer Product Safety Act (CCPSA) took effect, and retailers who sell or distribute products in Canada will now need to include the CCPSA in their regulatory compliance considerations. This post offers some basic highlights of the new CCPSA for retailers facing product issues in Canada. To Which Retailers Does...