CBSA Briefing on delayed United States Surtax Order (2025)
The CBSA hosted a technical briefing with representatives of the Border Commercial Consultative Committees (BCCC) to discuss the now archived Customs Notice 25-03; United States Surtax Order (2025) and Customs Notice 25-04; Repeal of the United States Surtax Order (2025).
Key points from the technical briefing:
Despite the US announcement of a 30-day reprieve on the imposition of tariffs against Canadian goods imported to the US, the CBSA will continue to plan and prepare for the potential implementation of surtaxes as it is important to ensure that we (CBSA and industry collectively) are prepared to operationalize the surtaxes if/when needed.
The CBSA has acknowledged that Canada needs to do more on the fentanyl crisis and encourages industry to work with them, to bring forth innovative ideas. The consultation on proposed amendments to the Precursor Control Regulations (PCR) and Schedule IX of the Controlled Drugs and Substances Act (CDSA) is now open for public comment as of January 31, 2025 - https://www.canada.ca/en/health-canada/news/2025/01/health-canada-publishes-proposed-changes-to-increase-oversight-for-precursor-chemicals-and-drug-equipment.html
CBSA has confirmed that there are currently no plans to change Canadian de minimis levels, however, it is possible that this will be pursued in the longer term, and we need to be prepared for this possibility. The CBSA recognizes the significant impact this would have on the supply chain and have been conveying this message to policy decisionmakers in government.
Trade shows & events: there was no exemption in CN25-03 / the Surtax Order for these types of importations. The CBSA is recommending that importers consider applying to Finance Canada for remission if the surtaxes do come into effect, and if they believe their industry has been adversely affected.
Regarding what the term “on the day” means with respect to in-transit goods, future guidance from the CBSA will be clearer. The CBSA confirmed “on the day” means the goods were in-transit for the full day, i.e. until midnight.
The CBSA will be holding future calls on this topic, if necessary.
Omnitrans will continue to monitor these changes and provide updates as they become available.