Tag: Canada

President Trump signs proclamation imposing tariffs on imported steel and aluminum

Exception to Mexico and Canada Tariffs for USMCA goods, etc

Posted by Jason P. Wapiennik on

Earlier this week, President Trump imposed 25% tariffs on Canada and Mexico which we wrote about. The tariff situation has now changed, again. In our effort to keep our clients up to speed on changes (which are happening at light speed), we are posting what we know about the changes here, without substantial analysis, other than to say, exceptions have been made for USCMA goods and potash, with details in the official (draft) notices linked below for each country:

Mexico:

Implementation of Additional Duties on Products of Mexico Pursuant to the President’s Executive Order 14194, Imposing Duties to Address the Situation At Our Southern Border

 

Canada:

Implementation of Additional Duties on Products of Canada Pursuant to the President’s Executive Order 14193, Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border

Current only as of Last updated: March 6, 2025 at 22:14 pm

President Trump signs proclamation imposing tariffs on imported steel and aluminum

Trump imposes 25% on Canada and Mexico effective March 4

Posted by Jason P. Wapiennik on

Canada and Mexico, and America, wake up to new tariffs on March 4. The details are here for Canada (10% Energy, 25% all else):

Implementation of Additional Duties on Products of Canada Pursuant to the President’s Executive Order 14193, Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border

The details are here for Mexico (25% on everything):

Implementation of Additional Duties on Products of Mexico Pursuant to the President’s Executive Order 14194, Imposing Duties to Address the Situation At Our Southern Border

Stay Informed and Prepared:

The landscape of international trade is shifting rapidly with the impending Trump tariffs on China, Canada, and Mexico and on steel, aluminum, and copper, and so much more. Don’t be caught off guard.

Contact Great Lakes Customs for advice and assistance. If you have questions or need help navigating these changes, we’re here to support you.

Today, I have implemented a 25% Tariff on Imports from Mexico and Canada (10% on Canadian Energy), and a 10% additional Tariff on China. This was done through the International Emergency Economic Powers Act (IEEPA) because of the major threat of illegal aliens and deadly drugs killing our Citizens, including fentanyl. We need to protect Americans, and it is my duty as President to ensure the safety of all. I made a promise on my Campaign to stop the flood of illegal aliens and drugs from pouring across our Borders, and Americans overwhelmingly voted in favor of it.

President Trump increases tariffs on Canada, Mexico, and China

Posted by Jason P. Wapiennik on

Last updated: February 11, 2025 at 14:38 pm

UPDATE: China tariffs of 10% have been imposed (and de minimis is duty free for a limited time), however, Canada and Mexico tariffs have been paused until March 4, 2025. Links have been supplemented, but the text of this blog post will remain unchanged. Look for future updates in new posts/articles on the site.

The following post by President Trump increasing tariffs on Canada, China, and Mexcio speaks for itself (source):

Today, I have implemented a 25% Tariff on Imports from Mexico and Canada (10% on Canadian Energy), and a 10% additional Tariff on China. This was done through the International Emergency Economic Powers Act (IEEPA) because of the major threat of illegal aliens and deadly drugs killing our Citizens, including fentanyl. We need to protect Americans, and it is my duty as President to ensure the safety of all. I made a promise on my Campaign to stop the flood of illegal aliens and drugs from pouring across our Borders, and Americans overwhelmingly voted in favor of it.

Everyone should have expected this. It has been telegraphed by Trump for about 10 years, when he began to make tariffs a signature proposal in his first run for the White House. His first term in office saw an unprecedented shift in the use of tariffs, using them on a broad scale, for the first time with China. As he said, if COVID didn’t happen, he would have done more.

With that in mind, before Trump’s second inauguration, we wrote on article on the potential Trump tariffs and some strategies.

Last week, we commented on the America First Trump’s America First Trade Policy Executive Order which appeared to give time until at least April 1 for tariffs to take effect. Then, this week we got a firmer signal that that he still planned to impose additional tariffs on February 1.

What happens next for the Trump Tariffs on China, Canada, and Mexico?

The text of all the Executive Orders do not yet appear to be on Whitehouse.gov (but a fact sheet summary is), but linked below are reliable texts:

Each order applies the additional tariffs after “on or after 12:01 a.m. eastern time on February 4, 2025, except that goods entered for consumption, or withdrawn from warehouse for consumption, after such time that were loaded onto a vessel at the port of loading or in transit on the final mode of transport prior to entry into the United States before 12:01 a.m. eastern time on February 1, 2025, shall not be subject to such additional duty, only if the importer certifies to U.S. Customs and Border Protection within the Department of Homeland Security as specified in the Federal Register notice.”

Stay Informed and Prepared:

The landscape of international trade is shifting rapidly with the impending Trump tariffs on China, Canada, and Mexico. Don’t be caught off guard.

Contact Great Lakes Customs for advice and assistance. If you have questions or need help navigating these changes, we’re here to support you.

 

$30k-seized-Detroit-CBP

Detroit CBP Cash Seizures For November Currency Reporting Violations

Posted by Jason P. Wapiennik on

Detroit CBP reports large money seizures at Detroit Metro Airport (DTW), the Ambassador Bridge, and Detroit-Windsor Tunnel (they also happen at Port Hurton, too) for the month of November. These cash seizures could be avoided by filing a FinCEN 105 form by anyone who is transporting more than $10,000 into or out of the country.

Why does CBP seize cash?

CBP seizes cash because there is a lot of misinformation among travelers, the vast majority of whom are foreign-born individuals.

First, there is a misconception among the public about the reporting requirement. People will call me tell their story as part of a free consultation and say things like, “I know you can’t take more than $10,000, so…”

And I have to stop them right there and say, “No, you’re wrong there. You can take as much money as you want, you just have to file a form and give it to CBP before you leave or upon arrival.”

Second, another one I hear less frequently is, “I reported less than $10,000 because I didn’t want to have to pay taxes on it.”

Wrong. Again. There are no taxes payable on the money when you bring it in the country. I am not saying money you bring into the country is always tax free; the income tax law and the cash reporting requirement are two different things. I repeat and carefully choose my words: CBP does not collect a tax on the money that you bring into or take out of the country!

Detroit CBP Cash Seizures in November: Four Stories

All the frequently asked questions aside, let’s dive into the stories (and photos) of the cash seizures conducted by CBP officers throughout the Port of Detroit amongst (most unsuspecting) travelers who carried more cash than $10,000. First, on November 1, there was an “intentional misreport” of over $17,000.

Second, on November 3, CBP seized $27,000 from a returning U.S. Citizen who reported having on $9,600:

Then, CBP reported on all the seizures made at Detroit Metropolitan Airport on a single day, which totaled $90,000!

Finally, in a single seizure from a Canadian citizen arriving in the United States, CBP seized a bit less than $20,000:

Has Detroit CBP seized cash from you for not reporting it?

You need a customs lawyer if Detroit CBP seized cash from you for not reporting it. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free money seizure consultation by clicking the contact buttons on this page.
About $13,000 in Chinese currency on a table seized by CBP in Detroit

Detroit CBP Cash Seizure Summer Round-up

Posted by Jason P. Wapiennik on

CBP in Detroit has continued to log large cash seizures for smuggling, structuring, and failure to report (on form FinCen 105) through the second half of summer.

CBP has been sharing photographs of these cash seizures on the X account for the Director of Field Operations for Detroit. CBP seizes cash from anyone entering or leaving the country at Detroit Metropolitan Airport, the Ambassador Bridge, and the Detroit-Windsor Tunnel.

The first post is from July 30 for a cash seizure that happened at Metro Detroit Airport (DTW). CBP officers seized mostly Chinese currency:

This second post is from the Ambassador bridge. On this occasion, CBP seized almost $17,000 from someone for failing to file an accurate report on form FinCen 105:

Has Detroit Metro Airport CBP seized your cash?

If Detroit CBP seized your cash, you need a lawyer. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

CBP Detroit Seizes $1 Million Cash at Blue Water Bridge in Port Huron

Posted by Jason P. Wapiennik on

There was a huge cash seizure at the Blue Water Bridge that connects Port Huron, Michigan with Sarnia, Ontario, which is all part of the Detroit Field Office of CBP.

The story is interesting, of course, not only because it involves more than $1 million in cash but for some other details given.

First, he left the United States and was turned back when trying to enter Canada. This means he violated 31 USC 5316 when he left the country without reporting the money.

If Canada had let him enter at this point, CBP would have never found out (unless CBSA found out, and then reported back to CBP).

But things didn’t work out like that. He was refused entry into Canada and sent back through US Customs.

And that’s when the trouble started. CBP probably had a heightened level of suspicion after his refusal from Canada, and so they asked him some questions; one of them was, “Do you have any currency or monetary instruments to declare?”

He said he did not. It is alleged, then, the officer gave him a chance to amend his declaration. So he then declared $990,000. Even if this report was accurate (which it turns out it wasn’t), the initial violation already occurred when he left the country without reporting it.

At this point, of course, CBP steps in and starts counting the money to see if his report is accurate and, also no doubt, is interested to know why the man is traveling with so much cash (it’s not illegal in-and-of itself, but it’s certainly unusual).

Here’s the story:

PORT HURON, Mich.— On August 22, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Blue Water Bridge seized over $1 million in currency from a U.S. citizen after he failed to report the funds to CBP officers.CBP counting cash after seizureThe male traveler and his family arrived in Port Huron after being refused entry into Canada. He initially denied carrying more than $10,000 to officials. Officers gave the traveler a chance to amend his declaration, which he modified to $990,000. Further inspection by CBP officers led to the discovery of two safes containing $1,096,584.

“There is no limit as to how much currency travelers can import or export as long as it is accurately declared to CBP,” said acting Port Director Geoffrey Stoffel.

Currency reporting rules require travelers to declare when they transport more than $10,000 in monetary instruments when travelling into or outside of the United States. Violators may face criminal penalties and forfeiture of the undisclosed funds.

In Detroit and Port Huron, I can typically resolve a cash seizure case in about 90 days from the date of seizure to the date of the return of (most of) the funds.

However, there are special rules for property that is worth more than $500,000. 19 USC 1610 says that if it’s worth more than $500,000, the money must be judicially forfeited. However, CAFRA still is going to apply and as such, a notice of seizure should be issued within the typical 60 day (but in certain cases, no later than 90 day) time-frame.

Even if the parties choose a petition, the case is going to be decided by CBP officials and Treasury Department officials. CBP policy says anything valued at more than $100,000 gets taken out of the hands of the local port-level officials (here, Detroit FP&FO) and instead goes to the Office of Regulations & Rulings at CBP HQ in Washington, DC.

The penalty, for a simple “failure to report” or inaccurate report, would be somewhere north of $50,000. If it’s considered bulk cash smuggling, which seems like a likely allegation in this case (given that he first passed through CBP without reporting it upon exiting the country), then the penalty can be 50% of the total amount seized.

The bottom line is, all the procedural options, complications, and safeguards surrounding seizures valued at more than $500,000, means this case is going to take more than the typical 90 days to resolve.

Has Detroit CBP seized your cash?

If CBP in Detroit seized your cash, you need a lawyer. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.
$200,000 in Cash Seized by Customs Detroit at the Ambassador Bridge

Ambassador Bridge Site of $230k Customs Money Seizure

Posted by Jason P. Wapiennik on

Detroit’s Ambassador Bridge was the site of recent money seizures of more nearly $230,000 by Customs for failure to declare cash over $10,000, in commercial vehicles traveling into Canada.

Bundles of undeclared seized cash seized by Detroit CBP The news releases, below, says the money was taken because the driver failed to report the cash at the Ambassador Bridge (but I have to imagine there is a bulk cash smuggling violation somewhere in this, too).

Here’s the Tweet from Detroit’s director of field operations announcing the seizures…

This is the biggest seizure of undeclared cash in Detroit to hit the news in a while. I’m sure the discovery of this amount of money has caused a lot of controversy and interest at the port the last few days. Here’s the full story from CBP, below:

DETROIT — Customs and Border Protection’s (CBP) Office of Field Operations seized $200,000 in undeclared U.S. currency at the Canadian border early Tuesday morning.

The cash was discovered by officers during a series of outbound commercial vehicle inspections near the Ambassador Bridge port of entry.

The cache of currency was seized due to failure to report, and the driver was released without further incident.

Homeland Security Investigations continues to investigate the matter. Less than 24 hours earlier, $28,000 in undeclared currency was seized at the same site.

Update 11-12-21:

This week, notice was published of the intent to forfeit the above seized cash. Anyone with an interest in it has until January 11, 2021, to file a claim (unless they received personal notice in the mail, then other deadlines apply):

2021380100131801-0001-0000, Seized on 09/28/2021; At the port of DETROIT; U.S. Currency; 2000; EA; Valued at $200,000.00; For violation of 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A), 31 USC 5332(c), 31 USC 5332(a)

Those legal references mean it was seized for bulk cash smuggling and a failure to report. This is a case I would have liked. The fact that notice has been posted publicly means that the time for filing a petition has past, or the interested person probably decided to file a claim or an offer in compromise (that would probably be a bad idea).

Has Detroit CBP seized your cash?

If CBP in Detroit seized your cash, you need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

 

Port of Buffalo, N.Y. border crossing check point where cbp seized cash for currency reporting violations.

Buffalo CBP Seized $207,500 of Concealed Cash

Posted by Jason P. Wapiennik on

CBP in Buffalo made an enormous seizure of cash just 2 days ago. The cash seizure was made when CBP stopped a man who claimed he was traveling from Massachusetts to Mississauga, Canada to deliver some copper wire. During the encounter, a dog alerted to drugs and CBP officers then found a bag with $207,500 in it.

The man is not named so it would appear at this point he has not been criminally charged. Generally, when people are criminal charged CBP publishes their names. If they are not criminally charged, the person remains anonymous in stories like this. And there is no mention of an arrest.

This is a BIG seizure for CBP in Buffalo. For instance, in 2017 Buffalo CBP officers seized a TOTAL of $144,733. This seizure alone exceeds the the TOTAL cash seized in 20171

LEWISTON, N.Y. – U.S. Customs and Border Protection (CBP) officers at the Lewiston Bridge seized $207,500 in unreported currency.

On July 15, CBP officers inspected a tractor trailer during an outbound inspection that was driven by a 28-year-old male who is a citizen of Canada. The driver claimed he was transporting a shipment of copper wire that he was hauling from Massachusetts and destined to Mississauga, Ontario. During questioning, the driver claimed to be traveling with $300 in U.S. currency. A CBP K9 alerted to the presence of narcotics during an inspection of the cab portion of the truck. A further inspection revealed a plastic shopping bag that contained multiple bundles of U.S. currency in ten large vacuum sealed bags. Subsequently, the currency was inventoried and determined to be a total of $207,500.

“Our CBP officers remain focused on enforcement amidst the continued border restrictions,” said Port Director Jennifer De La O. “They identified an individual and conveyance that needed further inspection, they coordinated with our partners at Homeland Security Investigations (HSI) and they ensured that this criminal activity was disrupted.”

Has CBP Buffalo seized your cash?

If Buffalo CBP seized your cash, we urge you to call us for a consultation before considering doing it yourself. You probably will not be happy with the outcome if you do, based on their’ aggressive posture in most cases. Read our trusted customs money seizure legal guide (or watch the videos) and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

Notice of Penalty or Liquidated Damages Inccured by CBP

Failure to Report Arrival or Advance Electronic Cargo Information Penalty

Posted by Jason P. Wapiennik on

U.S. Customs & Border Protection enforces many laws and regulations that concern arriving at the border, presenting merchandise to Customs, filing advance cargo information, and unloaded merchandise or off-loading passengers without authorization.

For instance, 19 CFR 123.92 requires advance cargo information for commercial shipments from Canada and Mexico be sent to CBP electronically 30 minutes or 1 hour prior to the “carrier’s reaching the first port of arrival in the United States, or such lesser time as authorized . . .” even if the carrier is just transiting through the United States.

Similarly, 19 USC 1433 requires that any vessel, vehicle, and aircraft report their arrival, and present all person and merchandise for inspection to a customs officer.

What happens if fail to report arrival or violate CBP’s entry regulations?

If you fail to report arrival, present false documents or paperwork, violate regulations regarding the entry and arrival of vehicles, or discharge passengers or merchandise without Customs authorization, you are liable to a penalty of $5,000, and possibly seizure of the conveyance and the merchandise stored in it.

If you have a prior offense, the amount can increase to $10,000. In the case of an unreported or improperly entered conveyance, Customs can impose the value of the merchandise (or if they conveyance itself is the merchandise… the value of the conveyance) in addition to the $5,000 or $10,000 standard penalty.

If receive a penalty for these failures under 19 USC 1436, we can file a petition for mitigation and you can expect your mitigated penalty to be reduced. The reduction varies on the type of violation, who committed, and the presence of aggravating or mitigating factors.

USMCA; United States Mexico Canada Agreement

Posted by Jason P. Wapiennik on

The re-negotiation (and renaming) of NAFTA (North American Free Trade Agreement) is one step closer to completion, and will go forward to be finalized by the governments of the United States, Mexico, and Canada.

The newly renamed agreement is the United States-Mexico-Canada Agreement (USMC Agreement), and the full text of the agreement is now available. The United States Trade Representative’s office has posted a series of fact sheet with key points of the new agreement.

The White House issued its own fact sheet: President Donald J. Trump Secures A Modern, Rebalanced Trade Agreement with Canada and Mexico

President Trump held a news conference on the topic of the trade agreement. You can watch the conference by following this link on C-Span.