Tariffs. Customs. Trade Remedies

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On September 1, 2018, the Canada Gazette published a notice from Global Affairs Canada stating that the Government of Canada is committed to fostering and strengthening Canada’s economic ties with its Asia-Pacific partners, including the 10 member states of the Association of Southeast Asian Nations (ASEAN) [Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam] and is seeking the views of interested Canadian stakeholders on the scope of potential negotiations toward a possible free trade agreement (FTA) with ASEAN. Expanding and diversifying Canada’s trade with large, emerging markets such as ASEAN is a priority for the Government of Canada and contributes to Canada’s trade diversification strategy. The Government of Canada’s approach is one that puts the interests of Canadians and opportunities for the middle class, women, youth and Indigenous people front and centre.

With the ratification of the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) by Mexico, Japan and Singapore, and the expectation that other parties will follow, we anticipate the agreement will enter into force by early next year. Although the CPTPP differs from the Trans-Pacific Partnership (TPP) due to the suspension of 22 provisions, most chapters of the new agreement remain untouched.  One of those is Chapter 3: Rules of Origin and Origin Procedures. Certificate of Origin, CPTPP, verification, ASEAN, ATIGA, Form D, self-certification, trade, customs, prepare, free trade agreement

As the trade conflict between the United States and China continues, three free trade agreements are pressing ahead, including– the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), soon to enter into force, the Japan-EU Economic Partnership Agreement (JEEPA), recently signed and which represents 30% of global economic output, and the Regional Comprehensive Economic Partnership (RCEP), an agreement that includes both India and China and comprises the largest trading block in the region.

The WTO announced that Members expressed their concerns over possible measures by the United States regarding extra duties on the import of automobiles, including cars, SUVs, vans, light trucks and automotive parts, at the Council for Trade in Goods (CTG) held on 3 and 4 of July. Over 40 members — including the 28 European Union members — took the floor to warn of the “serious disruption” to world markets and the multilateral trading system that may arise as a result of these potential measures, particularly in light of the large proportion of global trade accounted for by these products. The announcement said:

On May 23, 2018, after approval by the Mexican Senate on April 24, 2018, the Diario Oficial de la Federación (Federal Official Gazette) published President Peña’s Decree approving the Comprehensive and Progressive Trans-Pacific Partnership Treaty, made in Santiago, Chile on March 8, 2018, as well as the four parallel agreements negotiated in the framework of its subscription.

In April, President Trump indicated that his administration would reconsider the US re-joining the Trans-Pacific Partnership (TPP), after withdrawing from it last year.

Following the United States’ withdrawal from the treaty, the remaining 11 signatory states, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam nevertheless proceeded to negotiate a new trade agreement which is now finalised and referred to as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

On March 22, 2018, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final rule [Docket No. 180227219-8219-01] (the “Final Rule”) adding, in relevant part, 15 South Sudanese entities to the Export Administration Regulations’ (“EAR”) Entity List — a step that increases the pressure on that country following the US Government’s imposition of an arms embargo last month.