Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn
Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn

commercial real estate

competition/antitrust

corporate

debt products

employment and labour relations

intellectual property and technology law

international business and trade law

anti-dumping, countervail and safeguard measures

customs

export and import controls

international arbitration and litigation

international business regulation

international business transactions

international finance transactions

international networks

international trade agreements

investment protection

transfer pricing

litigation and dispute resolution

projects

restructuring

tax

other specialized practice areas

customs

We help our clients minimize their Canadian customs duties and secure duty relief, recovery, refunds and deferrals. We develop strategies to streamline the import and customs processes for our clients to enhance efficiency and reduce costs.

Our services include:

 Tariff Classification, Tariff Treatment (origin) and Value for Duty. Advising on tariff classification, rules of origin under international trade law and Canada's free trade agreements (FTAs), and customs valuations, to ensure compliance and to minimize or eliminate duties, wherever possible.

 Customs Compliance. Counselling our clients on all aspects of customs compliance, including how to navigate the recent amendments to the Canadian customs legislation and regulations designed to encourage voluntary compliance and self-assessment. We assist clients to take advantage of Canada Border Service Agency (CBSA) programs, such as Customs Self-Assessment (CSA), which is designed to streamline accounting and payment processes for all goods imported into Canada.

 Administrative Monetary Penalty System (AMPS). Assisting our clients to comply with a myriad of customs laws infractions which could lead to severe penalties under the AMPS program. AMPS imposes penalties for over 200 potential customs infractions, increasing in severity for repeat offenders, which can be critical in both the AMPS appeal and redress processes and in negotiating Penalty Reduction Agreements (PRAs).

 Customs Appeals. Making submissions to the CCRA as well as appearing before the Canadian International Trade Tribunal (CITT) and federal courts on appeals from customs assessments, seizures and forfeitures

 Ruling Requests/Submissions. Making representations and submissions, on a wide variety of customs issues to the CBSA. We also make requests for accelerated duty relief on specific imported products under the various FTAs to the Department of International Trade (ITCAN).

 Transfer Pricing. Advising clients on how to balance the competing concerns and objectives and different rules between income tax transfer pricing and customs valuation.


Representative Transactions/Cases
 
 Identified substantial duty refund claims for, and savings from, duties paid on royalties and assisting clients to obtain them
 
 Successful appeal of assessment of customs duties and seizure of goods for alleged under-declarations of customs valuation arising from transactions between a foreign supplier/exporter and a related Canadian importer/distributor of electronic products
 
 Prepared submission to CBSA on behalf of a Canadian electronics importer and distributor acquiring products from a related foreign supplier/exporter in regard to a Canadian customs valuation compliance verification audit
Publications / Presentations
January 2008
How to Withstand CBSA’s Scrutiny of Import Origin Claims and Import/Export Controls
Presented at: Customs Compliance and Border Security
Best Practices in Regulatory Issues and Cross-Border Security, January 22 and 23, 2008
Jamie M. Wilks
November 2005
Canadian Customs and Trade Law Developments
McMillan Conference - Update 2005, Emerging Trends for Decision Makers
Jamie M. Wilks
December 2004
What is the Essence of a Shower Curtain Set? (Article on Customs Tariff Classification Case)
GST & Commodity Tax, Vol XVIII No.10
Jamie M. Wilks
August 2004
The FCA's FosterGrant Decision (Article on Customs Valuation Case)
Tradeweek - Vol. 115, No. 19
Jamie M. Wilks
March 2004
Buying Commissions Non-Dutiable in CITT Case
Tradeweek - Vol. 115, No.9
Jamie M. Wilks
February 2004
New GST Rules for Imported Goods
World Corporate Finance Review - Volume 4, No. 2
Jamie M. Wilks
December 2003
Royalties and Value for Duty
GST and Commodity Tax
Jamie M. Wilks
August 2003
Living With “AMPS” - The New Customs Penalty System
Canadian Customs Advisory Bulletin
Jamie M. Wilks
October 2002
Opportunities for Canadian Customs Duty Relief and Recovery on Royalties and Licence Fees
McMillan Bulletin
Jamie M. Wilks
June 19, 2002
Customs Valuation in Canada and Transfer Pricing in Canada
"Commodity Tax for the General Tax Practitioner” conference, sponsored by the Canadian Association of Importers and Exporters
Jamie M. Wilks
June 2001
Case Comment: Mattel Canada v. MNR - Customs Law Settled In Mattel: Or Is It?
Canadian Tax Journal (2001), Vol. 49, No. 6
Jamie M. Wilks
October 2000
Permanent Establishments: Tax Tips & Traps
CICA Commodity Tax Symposium
Jamie M. Wilks
Expand All Lists



Jamie M. Wilks
416.865.7804

Mickey M. Yaksich
416.865.7097




export and import controls

transfer pricing


TERMS OF USE PRIVACY SITEMAP