Yesterday, we wrote about
"How To Find Out What Is In The Canada Revenue Agency's
Files About Your Audit". Today, we are writing about your
Canada Border Services Agency ("CBSA") file. Would you
like to know why the CBSA is not approving your NEXUS application?
Would you like to know what the CBSA officer wrote about your
secondary inspection? Would you like to know what is in your CBSA
This information is very valuable in finding out where the CBSA
made a mistake or what is the basis for the misunderstanding about
your dealings at the border. The information in your CBSA file may
help you prepare a request for a redetermination or request for a
decision or appeal to the Canadian International Trade Tribunal.
The information in your CBSA files may also be very useful during
an examination for discovery in the context of an action before the
Federal Court of Canada.
Basically, having what is in your file provides you with
information that you may use to your advantage. For example, if the
CBSA classifies a good under one H.S. category, but has test
results that would support your classification, you would want to
know that. If the CBSA has denied a NEXUS membership due to a
mistake in identity, you would want to correct the error in their
files. If the CBSA has denied a NEXUS membership based on a failure
to declare goods or currency, you would like to know what the CBSA
officer has written and correct any errors in the facts. If the
CBSA has detained your goods on export thinking that you have
previously sold goods to Iran (and you have not), you would want to
correct the information in the CBSA's files.
Normally, you can receive volumes of information if you travel
frequently. In connection with a NEXUS membership application
denial and export seizures, some information may not be released
due to reasons of national security. Whether the national security
claim is valid is something that can be disputed. There is the
right of appeal should the CBSA withhold certain information. What
to do if the CBSA does not disclose certain information will be
addressed in a subsequent blog post. The CBSA cannot withhold
information just because it does not help them take an action
against you or your company.
If you would like to find out what is contained in the U.S.
Department of Homeland Security Files, there is a different form
that can be filed.
Originally published December 31, 2015
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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While that agreement mandated export measures on Canadian softwood lumber exports destined for the United States, it also protected those lumber exports from the potential imposition of onerous import measures by the U.S.
On September 29, 2016, the Supreme Court of Canada issued its first tariff classification decision since Canada signed the International Convention on the Harmonized Commodity Description and Coding System in 1998.
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