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Customs Reporter.


Periodic Verification Importers' Perspective
  As promised in our last issue, we will present some of the challenges the importing community has faced during PV audits. The following comments are derived from experiences related by our clients and comments made by other importers/brokers during information sessions.
   • An audit team completed the initial meeting and then subsequently advised they needed to start over with a new team.
   • An audit team called a meeting, issued an agenda, and then at the start of the meeting introduced a completely different agenda. The result was the importer had the wrong people in attendance and they were unprepared.
   • An audit team changed personnel without notice during an audit.
   • Contrary to expectations, interim reports contained "surprises".
   • An audit team assessed duty plus interest, in error, retroactively for two years.
 
   • An audit team made arbitrary decisions regarding tariff classification, which were not necessarily correct but resulted in being reflected as errors in the final report.
  • Many recommendations included in the final report do not take commercial reality into account. (They are recommendations however, not requirements)
   • Over 2200 man-hours over a two year period committed by Customs to one audit - PV audits can be very intrusive and time consuming.
   The level of compliance and preparedness a company invests will significantly impact the process and the time that will be required to complete a PV Audit. For their part, Customs continue to train their staff, refine their procedures, hone their skills, and gain invaluable experience in the audit environment. In other words, things are getting better and will continue to do so. However, you can still expect a PV Audit to take at least 12 - 15 months to complete. What can you anticipate should you be targeted for an audit? The basic concept has not changed. Customs will notify you, request information within a specified period of time, schedule an initial information and planning meeting, and then complete the audit.
   Customs will continue to perform PV audits across all industry sectors. They will continue to refine and streamline the process. PV is here to stay and you need to prepare for it and ensure compliance.
   Russell A. Farrow Limited is prepared to assist as and when necessary.

Corrections
Navcan Fee - In our last issue we reported that the Navcan handling fee would be $0.08 Cdn/kgm-$5,00 minimum. The rate has been renegotiated and the recommended Navcan fee is now $0.05/kgm with the same minimum ($5.00). Since some carriers are assessing different rates, you may want to confirm the Air Navigation Surcharge (ANS) when shipping by air. Note that effective November 1,
1999, the Navcan fee may be assessed on all air cargo in and out of Canada. For more information, please see our web site: www.farrow.com or NAV CANADA's web site: www.navcanada.ca
 
Baby Food Update - Also in our last issue, the company name under Baby Food Update should have read H.J. Heinz Company of Canada not H.H. Heinz Company of Canada.

Customs Officers To Have Additional Powers   

  Continued from page 1

  Canada is not alone in this approach to bring about better compliance. One need only look to the south to see a similar method being used in the United States. As reported in "The Journal of Commerce" June 16, 1999 issue, U.S. Customs is expected to have a forceful method of ensuring compliance in the maintenance of complete, detailed and accurate records. Under draft guidelines published, it is proposed that infractions of the maintenance of the "(a)(1)(A)" list of documents would start at between 20% and 40% of the value of the merchandise involved, or between $5000 and $10,000 whichever is less. Indeed, for intentional violations the suggested penalty is between 50% and 80% of the value of the goods involved, or between $50,000 and $100,000 whichever is less. In addition to U.S. importers, those Canadian companies that are responsible for clearances into the U.S. should take heed.
   Importers and exporters are warned that non-compliance can be expensive. We are prepared to provide consulting services to ensure that reasonable steps are taken to guarantee compliance.

  Designated officers in the spring of 2000, will start carrying out new functions at a number of land border crossings and the four largest international airports.
   These officers, under Bill C-18 - An Act to Amend the Customs Act and the Criminal Code, will have an expanded ability to arrest individuals encompassing all federal offences, including the Criminal Code.
   The Canada Customs and Revenue Agency will require the officers to be educated in policies, procedures and training courses that were developed in consultation with law enforcement agencies. The training will include review of legislative authorities, theory and Criminal Code jurisprudence, along with practice in the identification of Criminal Code offences and Alcohol Screening Devices.
   The training program will focus on those offences most commonly encountered at the border, e.g. impaired driving, possession of stolen property, and child abduction, an area that Customs has been active in for a number of years. Officers will also be trained in the detention and arrest of individuals who have outstanding Canadian arrest warrants.
   Canada Customs officers will be equipped with batons and pepper spray. The use of which will require periodic recertification.
   Ambassador Bridge and the Detroit - Canada Tunnel in Windsor will be assigned designated officers in May, 2000.
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