Background

The Canada Border Services Agency recently updated its policy on enforcing Canada’s prohibition on the importation of goods mined, manufactured, or produced, wholly or in part, by prison or forced labor. This prohibition has been in effect since July 1, 2020.

According to the memo, such goods are prohibited from entering Canada under tariff item 9897.00.00 of the Customs Tariff. Importers that receive a notice that their goods have been so classified may seek a review of that determination. In addition, goods classified under this tariff item may be exported or abandoned.

The memo adds that CBSA may use information from the Labor Program of Employment and Social Development Canada as the basis for identifying and detaining imports of goods suspected of being made by prison or forced labor. As the Canadian government’s lead department for labor-related programs, the Labor Program researches relevant facts related to problematic supply chains and prepares reports signaling when goods are likely mined, manufactured, or produced by forced labor.

Any member of the public may submit relevant information on prison or forced labor practices, including problematic global supply chains. In addition, suspected cases of prohibited goods being imported into Canada can be reported to the CBSA.

Importers are reminded that they are responsible for ensuring that any goods they import into Canada are compliant with Canadian law and conducting due diligence on their supply chains to ensure goods they import are not made with forced labor.

For more information on the CBSA policy, please contact ST&R consultant Larry James at (613) 882-7190.

Sandler, Travis & Rosenberg offers a comprehensive suite of services to help companies address forced labor concerns, including supply chain reviews, due diligence strategies, and proactive remediation. For more information, please contact Amanda Levitt (at (212) 549-0148 or via email), David Olave (at (202) 730-4960 or via email), or Nicole Bivens Collinson (at (202) 730-4956 or via email). You can also click here for ST&R’s forced labor resources page.

Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

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