Customs Law, Trade Law Bahriye Ceyhan Cavdar Customs Law, Trade Law Bahriye Ceyhan Cavdar

Exporting from Canada: Understanding the benefits offered by free trade agreements (“FTA”)

Since 2025, changes in U.S. tariff policies spurred a need for Canadian businesses to diversify trade and expand into other markets. Traditionally, Canada’s trade performance relied heavily on proximity to and stable trading relationship with the United States than on firm-level efficiency and competitiveness (see report by Deloitte). Once the United States imposed tariffs on Canadian imports, it revealed that overreliance on the U.S. market meant Canadian companies were among the least prepared to react quickly when trade rules suddenly changed. This highlighted a need for Canadian companies to adopt new strategies such as diversifying trade. 

This year in 2026, Canadian businesses will likely continue to face challenges due to ongoing U.S. tariffs, the CUSMA review, and increasing diversion of unfairly priced goods into the Canadian market. Most recently, the United States proposed new tariffs of 10% additional duties on imports from Canada. As such, adopting strategies to reduce reliance on a single market (i.e., the United States) and expanding sales by growing exports to other markets will help Canadian businesses protect themselves.

What the FTAs can offer 

As Canadian businesses prepare to enter into other markets, they should consider the many trade compliance requirements. As mentioned in our blog, compliance considerations include obtaining export permits and considering sanctions imposed on specific markets. 

That said, beyond compliance requirements, Canadian businesses interested in exporting their products abroad can take advantage of numerous competitive benefits available under 15 different free trade agreements (“FTA”). Under the FTAs, benefits that may be available to businesses include:

  • Reduced or eliminated customs tariffs and duties; 

  • Eased sourcing and exporting which may result in having more globally integrated supply chains;

  • Access to additional markets which reduces reliance on a single market; 

  • Reduced trade barriers that allow access to new customers in other countries.

The number of FTAs and thereby the number of markets into which Canadian businesses can enter may expand. Since 2025, Canada has made significant efforts to help Canadian businesses find new international markets for Canadian products. In January 2025, Canada’s FTA with Ecuador was concluded. Additionally, Canada has either agreed to formally launch or formally launched negotiations to enter into FTAs with the Mercosur Bloc (Argentina, Brazil, Paraguay, Uruguay), the United Arab Emirates, Thailand, and India. 

FTAs offer preferential duty treatments and Canadian businesses are encouraged to explore how these FTAs can be used to reduce or eliminate customs tariffs and duties as they enter into a new market. 

Takeaway

Canadian businesses should review the free trade agreements in place to identify new opportunities and reach out to our team to help understand how they can benefit from preferential tariff treatments offered by such FTAs.

Contact info:

bahriye.ceyhancavdar@ceyhankim.com

bomin.kim@ceyhankim.com.

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Customs Law Bahriye Ceyhan Cavdar Customs Law Bahriye Ceyhan Cavdar

CBSA Appeal/Review Process

It All Begins Here

May 6, 2026

If an importer disagrees with a decision made by the Canada Border Services Agency (“CBSA”), the importer has the right to appeal the CBSA’s decision under section 60 of the Customs Act.

Background:

Pursuant to the Customs Act, the CBSA may issue a notice of determination, re-determination, or further redetermination on tariff classification, origin, and value for duty of goods imported into Canada. The CBSA’s decisions can have an impact on the rate of duties and taxes importers can owe on goods. If an importer disagrees with the CBSA’s decision, and to receive accurate and fair decisions from the CBSA and to reduce the duties and taxes owed on imports, importers may appeal the CBSA’s decision under section 60 of the Customs Act provided that the request is made within 90 days of the initial notice. 

Steps:

The steps to request a review and to appeal the CBSA’s decision is outlined in the CBSA’s Memorandum D11-6-7 (the “D-Memo”):

  1. Ensure that the person making the request is one of person who can file a request (i.e., importer of the goods, owner of the goods at the time of release, etc);

  2. Make the request within 90 days of the CBSA’s original notice of determination, re-determination, or further re-determination. An application for an extension of this time limit is available but only under certain conditions;

  3. An “Appeals Officer” will be assigned to the file, and make a decision after considering the evidence, arguments provided, the relevant law and position, and any other additional research that is conducted;

  4. If an importer’s appeal is successful, the duties and taxes applied to your imports will be adjusted and the CBSA will change their initial ruling;

  5. If an importer’s appeal isn’t successful, the importer may further escalate the case to the Canadian International Trade Tribunal (CITT).


If you require assistance in this area, please contact us at bahriye.ceyhancavdar@ceyhankim.com or bomin.kim@ceyhankim.com for specific questions related to your business.

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