Guide to Response to Detention of Chinese Export Goods by Canadian Customs

When Chinese export goods are detained by Canadian customs, exporters or importers need to take systematic response measures to reduce losses and solve the problem. The following are professional suggestions in steps:

1. Emergency response measures
   Obtaining detention notice documents

Require Canadian importers or freight forwarders to provide a written detention notice (Notice of Detention) issued by the customs, clearly stating the reason for the detention (HS code discrepancy, lack of license, trademark infringement, etc.).

Key information: detention number, customs office contact information, appeal deadline (usually 30-90 days).

Initiate three-party communication

Establish an emergency response team of exporters, Canadian importers, and customs clearance agents, and designate an English communication person in charge.

Require importers to provide the Canadian Customs Broker’s practice number (BSD#) and a copy of the customs declaration (B3 Form).

2. Cause Analysis and Solutions
   Common Reasons for Seizure Professional Response Plan Required Documents Processing Cycle
   Missing Documents (such as Certificate of Origin, FDA Certification) 1. Send notarized documents through DHL/UPS
3. Apply for temporary release (deposit required) – Commercial invoice certified by the consulate

• Third-party inspection report (such as SGS) 3-7 working days
  HS Code Dispute 1. Submit China Customs Preliminary Ruling Opinion

2. Hire Canadian tariff consultant to apply for Advance Ruling – Product ingredient description

• Processing flow chart 10-15 working days
  Intellectual Property Infringement 1. Immediately stop the sale of disputed goods

2. Entrust Canadian lawyers to submit non-infringement certificates – Trademark registration certificate

• Authorization letter from the right owner 15-30 working days
  Anti-dumping Investigation 1. Apply for New Exporter Review (NER)

2. Submit a separate tariff questionnaire – Business license

• Export sales details 6-12 months

2. Legal Remedies
   Customs Complaint Procedure

Step 1: Submit a Request for a new exporter review (NER) to the port customs within 30 days Re-determination

Step 2: If rejected, you can appeal to the Canadian International Trade Tribunal (CITT) and pay a 250 Canadian dollar application fee

Interim measures

Apply for the transfer of goods to a bonded warehouse (CW Bonded Warehouse) to avoid demurrage

For perishable goods, you can apply for an emergency auction (SGS quality certificate is required)

IV. Risk prevention suggestions
Pre-clearance preparation

For high-value goods (>2500 Canadian dollars), importers are required to use the Release Prior to Payment (RPP) procedure

Obtain a Product Compliance Letter from the Canadian importer before exporting

Insurance coverage

Add “Customs Detention Clause” when insuring marine insurance

Retain proof of goods value (such as the amount of the letter of credit) for insurance claims

Advantages of AEO certified companies

Chinese AEO advanced certified companies can apply Canadian PIP (Partners in Protection) fast customs clearance

V. Cost Estimation
Basic customs clearance assistance: 500-1500 Canadian dollars

Legal complaint procedure: 3000-10000 Canadian dollars

Cargo storage fee: 80-200 Canadian dollars per day (Vancouver Port standard)

It is recommended to contact the Commercial Unit of the Canada Border Services Agency (CBSA) immediately (telephone +1-800-461-9999) to obtain the case-specific Officer number, and obtain local lawyer recommendations through the China Council for the Promotion of International Trade Representative Office in Canada (Toronto +1-416-363-8568).

Note: In 2023, the key categories of Canadian customs inspections are lithium batteries (UN38.3 certification), textiles (ingredient labels), and food (SFCR registration). Relevant industries need to pay special attention to compliance preparations.