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ARTICLE · 31 AUGUST 2016

Free Trade Does Not Mean A Free Pass

Canada has entered into free trade agreements (and has active free trade agreements) with a number of countries, including the United States, Mexico, Israel, Chile, Jordan, Iceland, Norway...

CanadaInternational Law

Canada has entered into free trade agreements (and has active free trade agreements) with a number of countries, including the United States, Mexico, Israel, Chile, Jordan, Iceland, Norway, Sweden, Lichtenstein, Peru, Colombia, Panama, Honduras, Costa Rica and South Korea. Under these free trade agreements, the duties on certain goods have reduced to 0%. Importers claim the preferential tariff treatment and pay no duties (or reduced duties where applicable). As a result, "free trade" is often equated with tariff elimination or tariff reductions.

Confusion arises when the Canada Border Services Agency ("CBSA") contacts importers of goods from FTA countries and asks to verify origin in order to support the duty free treatment. Often, the importer does not have the necessary information to respond to the CBSA and the duty free treatment is denied for past imports and future imports.

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