US Again Bashes Canadian IPR, Import Barriers in WTO Review

Canada continues to work in conjunction with the U.S. to broker critical trade pacts, such as the Trans-Pacific Partnership and World Trade Organization agreements, but the U.S. is still troubled by weak Canadian intellectual property and trade-inhibiting supply management regulations, said U.S. Ambassador to the WTO Michael Punke at the 2015 Canadian Trade Policy Review in Geneva (here). The TPR is the first for Canada since 2011.

Punke praised Canadian passage in late 2014 of the Combating Counterfeit Products Act. That law allows Canadian customs officials to seize “pirated and counterfeit goods being imported and exported at the border,” said Punke. But the U.S. “is disappointed that the new law does not apply to pirated and counterfeit goods in customs transit control or customs transshipment control in Canada,” said Punke. “The United States urges Canada to provide its customs officials with full ex officio authority to improve its ability to address the serious problem of pirated and counterfeit goods entering our highly integrated supply chains.”

Canadian officials should also reduce barriers to agricultural imports, said Punke. “We encourage Canada to re-examine policies that impose excessive tariffs and restrict imports of certain agriculture products, such as dairy products, eggs, and poultry,” said Punke. The Canadian supply management system for dairy and other agriculture continues to be a bilateral sticking point in TPP negotiations (see 1504070006). U.S. trade officials have repeatedly criticized the import barriers in recent reports, as well (see 1504030025).

Meanwhile, the Canadian government hasn’t made any major changes to its customs and food safety border services since 2011, said the WTO officials in the review (here). Canada allows importers to use authorized agents to deal with the Canadian Border Service Agency. “However, they remain responsible for the accuracy and completeness of their transactions,” said the WTO review. “Under the Customs Act, only the owner of a shipment (or a licensed customs broker) can account for goods and pay duties. In particular, separately incorporated divisions of a single company may not transact business on behalf of one another.”