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Importing masks, respirators and other goods in response to COVID-19

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We’re receiving a lot of requests for more information on how to import masks and other medical equipment in response to the COVID-19 emergency. Canada Customs has issued an order relieving duty and tax on these products where they are being imported on behalf of emergency workers and government agencies.*

Please find below our best answers:

What items are considered as being for ’emergency use’ and qualify for duty relief?

Anything being imported by or the behalf of emergency health workers and government agencies in response to the COVID-19 crisis. There is no specific list, although additional documentation proving the goods qualify may be requested.

Do I need a special permit to import emergency goods?

For non-regulated articles only a valid business number will be required in order to import. For most medical devices (including N95 masks), an MDEL (Medical Device Establishment License) is required. Note that while Health Canada is expediting MDEL applications, you may need to pay a substantial fee to apply.

For other articles, please find a list below:

  • Denatured alcohol: only importers with a federal spirits license are able to import this product (this may change, but we’ve yet to see a notification).
  • medical devices/machines: an MDEL will likely be required. Check here to see if your business is licensed.
  • hand sanitizer: considered a Natural Health Product. Usually importers will require a Drug Establishment Licence or Site Licence in order to redistribute.
  • face masks (not surgical or N95): not all face masks are regulated as surgical or N95 masks and therefore not subject to additional regulation, although we have no guidance on what determines this — we recommend contacting Health Canada when in doubt (see below).
  • surgical masks: see below
  • N95 masks and respirators for redistribution
    • Rule of thumb: If you are importing Class I medical equipment (i.e. masks and gowns) for your own use or for use exclusively by your business and its employees during work  activities (i.e. not to be re-sold and redistributed), you may be considered to be the ‘ultimate consumer’ and likely exempt from requirements to obtain an MDEL. (see GUI-0016 Explanatory Notes).

 

Importing or distributing masks and respirators that aren’t approved in Canada

Manufacturers and importers may wish to import masks and respirators that haven’t been approved. Non-compliance means the product:

-is past its expiry date
-is a non-medical grade
-may not have a bilingual label

To import non-compliant masks, manufacturers and importers should

-complete the HC Personal Protective Equipment (PPE) – Notification form
-include “COVID – Notification” in the subject line of the email to help Health Canada fast-track requests
-email the completed form along with a copy of the product label to hc.mdel.questions.leim.sc@canada.ca

Fast-tracking approval of masks in Canada
Health Canada is fast-tracking the MDEL application process for companies that want to manufacture, import or distribute Class I masks. Our goal is to complete the process within 24 hours from the time we receive a completed application.Companies that need an MDEL application fast-tracked should:

-contact hc.mdel.application.leim.sc@canada.ca to obtain the MDEL Application Form (FRM-0292)

-complete the form
-indicate in the subject line of the email: URGENT COVID-19 MDEL application for “-name of company”
-email the completed MDEL application form to hc.mdel.application.leim.sc@canada.ca

What if I am not importing on behalf of the gov’t or health workers?

You may still import these articles even if the consumers will not be government or health affiliated, but duty and tax will apply.

How do I Customs clear the goods and take advantage of CN20-08?

If you do not already have an account with a customs broker, you may use the autoclear wizard on our home page. Your customs broker will apply the special authorization for duty relief if you are eligible.

 

Sources:

https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-devices/masks-respirators-covid19.html#a5

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn20-08-eng.html

https://www.fda.gov/medical-devices/personal-protective-equipment-infection-control/n95-respirators-and-surgical-masks-face-masks

https://healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2020/72623a-eng.php#

https://www.canada.ca/content/dam/hc-sc/migration/hc-sc/dhp-mps/alt_formats/pdf/compli-conform/licences/directives/gui-0016-eng.pdf

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn20-12-eng.html

The HS Classification of Drones

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Look up in the sky! its a … helicopter of an unladen weight not exceeding 998 kg


What is a classification?

HS classification is the process of determining a products place in the universal index of international trade. Proper classification is essential to compliance, but finding the true classification of a certain product can be challenging and sometimes  absurd.

Drones pose an interesting challenge for classification since their end use can vary significantly — most rulings to date have focused on their end use (as either surveying equipment or videography) leading to a variety of different headings and duty rates. The admissibility in Canada as Transport Canada has yet to regulate such products at time of import. Perhaps even more interesting from a Customs perspective, is how cargo drones will be regulated when it comes to cross-border traffic!?

 

 

 

Description HS Code Current Duty Rate PGA Requirements* Detail
Drone (UAV) 8802.11.00.14  0%  n/a  Drones for carrying cargo are classified as mini-helicopters. We would place other drones — including hobby and racing drones — under this heading as well.
Video Drone 8525.80.00.50  0%  n/a  Drones outfitted with video cameras — for which the principal purpose is taking video — will be classified as cameras.
Drone for Surveying 9006.30.90.00  5%  n/a  Some specialized drones, such as those for aerial surveying, have been classified by the CBSA as surveying cameras.
Drone Propellers and other parts 8803.10.00.00  0%  n/a  Parts for drones — excluding cameras — will be classified as parts of helicopters.

*Note that the PGA requirements can vary depending on the country of origin, end use and state (dried, chilled, fresh) of the items you are importing. For more information, please contact us.

**Classifications are provided by Border Bee Customs Brokers as a reference guide for importers and should not be relied upon solely for commercial classification.

Can CBD oil be imported into Canada?

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We’ve been fielding a lot of questions lately about the eligibility of CBD oil for importation. Based on our research, it would appear that regardless of its THC content, CBD is not eligible for importation unless the importer is a licensed grower and eligible for an import license from Health Canada.

But what if the CBD oil contains 0% THC?

This does not appear to make a difference since Health Canada and the CBSA consider CBD (cannabidiol) to be a controlled substance notwithstanding its THC content.

What hemp products can be imported?

Other derivatives of hemp are eligible for importation without a permit, although they must be processed from specific elements of the plant, contain proper labelling and be shipped with a certificate of analysis indicating the products THC content. Please ensure you’ve verified with Health Canada that your specific product is cleared for import/export without a license before shipping and seizures and fines can occur if the CBSA’s rules are not followed.

I am a licensed grower. How can I get my hands on a CBD sample?

The process is similar to importing other cannabis products: contact Health Canada to obtain an import permit, then hire a customs broker to clear the shipment for you.

 

Note: This article reflects the most up-to-date news as of its publication date; regulations may change so please check with Health Canada directly.

Further reading: http://cbsa-asfc.gc.ca/publications/dm-md/d19/d19-9-2-eng.html

 

#Made in the Transpacific

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Canada has seen its free trade reach increase incrementally in the past three years: starting with Europe in 2017 and extending now to the pacific rim in 2018. This expanded reach comes with a lot of promise but also many pitfalls.

Please find below specific information on how the deal will impact Canadian importers.

The TPP deal has made a free trade zone of the Pacific rim

1. How do we apply?
The duty-free tariff will be applied automatically by your broker where appropriate confirmation of origin has been provided by your vendors. This statement MUST be either reproduced on the invoice or on an additional document and signed by the seller. An example of the statement can be found at the end of this article, while our branded PDF version can be found here.

2. Does this free trade agreement cover all goods?
No, as is the case with most free trade deals, exceptions abound: garments and textiles in particular are subject to a harsh ‘yarn-forward’ requirement, making it unlikely that apparel produced in Vietnam would qualify as duty-free. Agricultural goods are faced with similar issues.

For all other products, specific rules of origin must be passed in order for the product to qualify. A general rule of thumb would mean that the majority of the products will qualify so long as enough work is done on them within the borders of a member nation. Please read the below examples for an explanation of this:

An example of a qualifying item

An sofa has its wooden frame manufactured in Japan and then is upholstered in Vietnam. Since both nations are qualifying, the end result will still quality.

Example of an item that would not qualify

A light fixture is made in China, and then has a small Vietnamese flag applied in Vietnam before being exported to Canada. In this case, the real origin of the product would be better described as China since the amount of work done in Vietnam did not appropriately consume or transform said light fixture. Had the light fixture been installed in a large machine, then likely the machine would be considered eligible for duty-free status.

3. What is yarn-forward?!
‘Yarn-forward’: This means that garments must be cut-and-sewn from fabric and yarn produced inside the transpacific territory in order to qualify. A lot of attention has surrounded Vietnam as a prominent exporter of garments, but given the restrictions of the yarn-forward rules it is unlikely such imports will qualify.

4. Who are the transpacific members?
The TPP membership includes: Vietnam, Singapore, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, and Australia.

5. Why is the TPP not more of a big deal?
The vast majority of products entering Canada are already duty-free regardless of origin, and one of the major categories that remain dutiable (garments) are more or less excluded from duty-free eligibility as a result of strict transformation rules (yarn-forward). The real winners of the deal will include importers of household articles and appliances that are manufactured in the transpacific territory.

6. How can I know if the benefits of TPP were claimed on my imported goods?
On the B3 document provided to you by your broker, check if the ‘tariff treatment’ box includes the digits 33. If so, the goods were imported as TPP-qualifying merchandise.

Do you have additional questions about how TPP affects your business? Contact us!

Appendix

Below is a sample of the statement that must be signed
 
Your vendor can include this on the invoice
Annex 3–B: Minimum Data Requirements
A certification of origin that is the basis for a claim for preferential tariff treatment under this Agreement shall include the following elements:1. Importer, Exporter or Producer Certification of OriginIndicate whether the certifier is the exporter, producer or importer in accordance with Article 3.20 (Claims for Preferential Treatment).

2. Certifier

Provide the certifier’s name, address (including country), telephone number and e-mail address.

3. Exporter

Provide the exporter’s name, address (including country), e-mail address and telephone number if different from the certifier. This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter. The address of the exporter shall be the place of export of the good in a TPP country.

4. Producer

Provide the producer’s name, address (including country), e-mail address and telephone number, if different from the certifier or exporter or, if there are multiple producers, state “Various” or provide a list of producers. A person that wishes for this information to remain confidential may state “Available upon request by the importing authorities”. The address of a producer shall be the place of production of the good in a TPP country.

5. Importer

Provide, if known, the importer’s name, address, e-mail address and telephone number. The address of the importer shall be in a TPP country.

6. Description and HS Tariff Classification of the Good

(a) Provide a description of the good and the HS tariff classification of the good to the 6-digit level. The description should be sufficient to relate it to the good covered by the certification; and
(b) If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.
7. Origin Criterion

Specify the rule of origin under which the good qualifies.

8. Blanket Period

Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 3.20.4 (Claims for Preferential Treatment).

9. Authorised Signature and Date

The certification must be signed and dated by the certifier and accompanied by the following statement:

I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.

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Ecommerce, Customs and You provides answers to your questions on importing goods, written by the Border Bee staff.

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