Kelley Drye & Warren LLP (LexBlog Canada)

On July 6, 2021, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) that would change to the agency’s approach in determining the country of origin for goods imported from Canada and Mexico into the United States. Currently, a product imported into the United States from Canada or Mexico can have...

The World Trade Organization’s (WTO) dispute settlement process risks collapse by the end of this year as the United States continues to block appointments to the WTO Appellate Body. Once the terms of two of the three remaining WTO Appellate Body Members expire on 10 December 2019, the WTO’s appeals court no longer will possess...

On Friday, May 17th, the Trump Administration announced that it has reached a deal with Canada and Mexico to eliminate national security-focused Section 232 tariffs on steel and aluminum (at 25 percent and 10 percent, respectively) from Canada and Mexico.  According to a joint statement by the United States and Canada, US. tariffs are to be...

This morning, on the sidelines of the G-20 summit in Argentina, the United States, Canada, and Mexico signed the U.S.-Mexico-Canada Agreement (USMCA).  The new trade deal is slated to replace the 24-year old North American Free Trade Agreement (NAFTA).  Today’s signature date was a critical deadline for the parties because it is Mexican President Enrique...

This week the Government of Canada announced its intent to impose restrictions on imports of seven classes of steel products to mitigate harm caused by “the diversion of foreign steel products into Canada.”  See the News Release dated Oct. 11, 2018,  and Notice of Commencement of Safeguard Inquiry. The seven classes include wire rod; stainless...

On Sunday, the heads of state of Canada and the United States agreed on terms for a new trilateral deal with Mexico.  The agreement, now known as the United States-Mexico-Canada Agreement “USMCA,” provides several new updates to its NAFTA predecessor.  The deal’s terms, including those established in August in an agreement between the U.S. and...

Just when you think you have it all under control, the data breach notification law landscape changes – again. Over the past few weeks, several data breach notification statutes were updated, including an effective date for Canada’s mandatory breach notification obligations, as well as the adoption of legislation in the two holdout states (Alabama and...

On January 10, 2018, Canada circulated to WTO members a request for consultations challenging several aspects of the United States antidumping and countervailing proceedings. The request for consultation is available on the WTO’s website and can be found here. In particular, Canada challenges: the way in which the U.S. Department of Commerce refunds cash deposits...

As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging.  As a result, the fifth round of talks has been postponed until mid-November. Specifically, Canada and Mexico have rejected the U.S.’s proposals on the elimination of NAFTA dispute panels in...

Canada and the European Union have announced that September 21st will be the date that the provisional application of Comprehensive and Economic and Trade Agreement (“CETA”) will come into effect. Canadian Prime Minister Justin Trudeau and EU president Jean-Claude Juncker issued the statement after the G20 Summit on July 8th.  The agreement will be “provisionally” applied...

The much anticipated free trade agreement between the European Union and Canada going into effect this summer is a terrific opportunity for importers to take advantage of duty savings.  The Comprehensive Economic and Trade Agreement (“CETA”) expands market access for the EU and Canada through comprehensive tariff elimination across all sectors of the economy. Under...

The much anticipated free trade agreement between the European Union and Canada going into effect this summer is a terrific opportunity for importers to take advantage of duty savings.  The Comprehensive Economic and Trade Agreement (“CETA”) expands market access for the EU and Canada through comprehensive tariff elimination across all sectors of the economy. Under...

Bill MacLeod is serving as the ABA Section of Antitrust Law’s 2016-2017 Chair. Below is his most recent message as posted on the ABA website: Competition, Disruption and Transition: The Future of Enforcement at Fall Forum Nobody I know in the competition or consumer protection bar can remember when more investigations, more complaints, and more trials were targeting major...

Today, following a protracted legal battle at the WTO, USDA issued a final rule removing mandatory Country of Origin Labeling (COOL) requirements for muscle cut and ground beef and pork. Beginning in 2008, Canada and Mexico challenged the COOL requirement, arguing that it discriminated against non-U.S. meat and was outside the bounds of permitted rules...

Recently, Health Canada released guidance to help companies understand their reporting obligations under section 14 of the Canada Consumer Product Safety Act, which requires that sellers, distributors, importers, and manufacturers report after becoming aware of any health or safety incident involving a consumer product. Notably, the guidance clarifies (1) what constitutes a reportable “incident,”

The Canadian Food Inspection Agency has released its draft food inspection model. The draft inspection model is of interest to all organizations that manufacture, import or export food in Canada. In particular, CFIA is seeking comments on the following portions of the draft inspection model: Single licensing and registration requirement for manufacturers, importers and exporters;...

On June 20, 2011, the Canada Consumer Product Safety Act (“CCPSA”) became effective, imposing incident reporting, testing, recall, and recordkeeping requirements on entities that manufacture, import, or sell consumer products in Canada. As previously noted, many of Canada’s new requirements may be more stringent than current U.S. consumer product safety laws, especially with regard to...

Entities that manufacture, import, or sell products in the U.S., Canada, and Australia should be aware of new product safety laws that become effective in 2011. Many of the new requirements are more stringent than current U.S. consumer product safety laws and will directly impact the procedures U.S. companies apply to coordinate their reporting obligations....

After much anticipation, the Canada Consumer Product Safety Act (“CCPSA”) has finally been passed by the Canadian Parliament and could become effective within the next few months. Upon Royal Assent and Proclamation, which have been accelerated, the legislation will come into force, although an exact time frame has not yet been disclosed. The new legislation...

Hot off the presses — registration for the ABA Consumer Protection Conference (Feb. 3, 2011, Washington DC) is now open! There is limited seating, so early registration is encouraged. The all-star line-up of speakers includes: FTC Commissioners Julie Brill, Edith Ramirez, and J. Thomas Rosch Canada Privacy Commissioner Jennifer Stoddart Tony West, Assistant Attorney General,...

This post was written by Alysa Zeltzer Hutnik. On April 19, 2010, data protection authorities from Canada, France, Germany, Ireland, Israel, Italy, Netherlands, New Zealand, Spain, and the United Kingdom sent a letter to Google indicating their disappointment and concern related to Google’s privacy practices.  The letter called out the Google Buzz social networking application...