Notice to Exporters

Monitoring Softwood Lumber Product Exports to the United States

Serial No. 195
Date: October 9, 2015

Table of Contents

  • Annex 1: Annex 1A of the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America, signed on September 12, 2006
  • Annex 2: Annex 1B - of the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America, signed on September 12, 2006
  • Annex 3: Definition of Terms

1.0 Background

1.1 The Government of Canada will monitor shipments of softwood lumber products first manufactured in all provinces and territories of Canada to the United States following the expiry of the 2006 Softwood Lumber Agreement on October 12, 2015.  Beginning on October 13, 2015 a monitoring program will be administered through the issuance of export permits by the Minister of Foreign Affairs. The object of this monitoring program is to collect data respecting softwood lumber exports to the U.S. of products first manufactured in all Canadian provinces and territories.

2.0 Purpose

2.1 The purpose of this Notice is to inform exporters that, as of October 13, 2015, softwood lumber products will continue to be listed on the Export Control List (ECL) pursuant to subsection 3(1) and section 6 of the Export and Import Permits Act (EIPA). As of that date all exports of softwood lumber first manufactured in all provinces and territories destined to the United States will require an export permit. This ECL listing will enable Canada to monitor exports of softwood lumber to the United States.

3.0 Coverage

3.1 This Notice refers to item 5104 of the Export Control List (ECL): "softwood lumber products".

3.2 Softwood lumber products mean:

  • (1) Softwood lumber products, as described in Annex 1A to the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America, signed on September 12, 2006, as it read on October 12, 2015, excluding those that are described in paragraphs 3 to 5 of that Annex 1A. (United States)
  • (2) Paragraph 5 of that Annex 1A is to be read without reference to the requirement set out in item (e) of that paragraph.
  • (3) The references to the Harmonized Tariff Schedule of the United States (HTSUS) tariff classifications in that Annex 1A are to be read as references to the corresponding Canadian tariff classifications set out in Annex 1B to the agreement referred to in subsection (1).
  • (4) The references to "imported", " importer" and "importation" in that Annex IA are to be read as "exported", "exporter" and "exportation", respectively, and the reference to "importés" in the French version of that Annex 1B is to be read as "exportés”.

The item on the ECL covers only exports of these products to the United States. See Annex 1A and 1B.

4.0 Authority

4.1 Pursuant to subsection 3(1) and section 6 of the Export and Import Permits Act as of October 13, 2015, softwood lumber products will be re-listed on the ECL in order to monitor exports of these products to the United States. The Order and the relevant Regulatory Impact Analysis Statement will be published in the Canada Gazette, Part II in October of 2015.

5.0 Duration

5.1 This Notice will remain in effect until further notice.

6.0 Export Permit Issuance and Validity

6.1 The required content of applications for export permits for softwood lumber products is governed by the Export Permits Regulations (Softwood Lumber Products 2006). An individual export permit is required for each shipment of softwood lumber products to the United States, as defined in paragraphs 3.2 of this Notice.

6.2 New applicants/exporters who do not have an Export and Import Permits Act (EIPA) company file number must contact the Softwood Lumber Division (TNS), Foreign Affairs, Trade and Development Canada at 613-944-2168, by facsimile to 613-944-8950, or by e-mail to softwood.boisdoeuvre@international.gc.ca to make a request for one.

6.3 Export permits are delivered through an on-line automated system in the offices of some 130 customs brokers in major centres across Canada or in the offices of the Trade Controls Bureau, Department of Foreign Affairs, Trade and Development, 125 Sussex Drive, Ottawa Ontario, K1A 0G2

6.4 A list of customs brokers having access to the on-line computer system may be obtained from the Trade Controls Bureau of the Department of Foreign Affairs, Trade and Development or online.

6.5 An export permit will be required prior to the expected date of departure of the shipment from Canada to the United States. Requests for export permits will be accepted within 30 days prior to the expected date of departure of the shipment from Canada.

6.6. Export permit applicants and/or their agents should complete form EXT-1466-2, "Application for Permit to Export Softwood Lumber Products to the U.S.A." and/or provide the equivalent information, to the agents referred to in paragraph 6.2 above. Once issued, a copy of each export permit must be retained by the applicant for a period of seven years.

7.0 Collection of Information

7.1 As of October 13, 2015, Canada will require exporters of softwood lumber products first manufactured in all provinces and territories destined to the United States to supply the following information in order to obtain an export permit (See Annex 3 - Definitions of terms):

  • Manufacturer's Canada Revenue Agency Business Number;
  • Export and Import Control Bureau Company File Number;
  • Name of Exporter;
  • Region of Origin;
  • Customs Tariff (Canada) Classification and Product Description (See Section 3.0 Coverage);
  • Quantity In Board Feet;
  • Export Price ($US or $CAN);
  • U.S. Port of Entry;
  • U.S. Entry Date;
  • Name of Importer/ Consignee;
  • Mode of Transportation;
  • Canadian Shipment Date; and
  • Maritime Lumber Bureau Certificate of Origin Number, if applicable.

7.2    The provision of the above-listed information should be supplied in the same manner as was the practice during the period in which the 2006 Softwood Lumber Agreement was in effect.  The one exception to this practice is with respect to Export Price. Although exporters of Softwood Lumber Products with an Export Price in excess of $US 500 per MBF had previously capped this value, exporters must now supply the full Export Price value in their export permit applications.

8.0 Compliance and Enforcement

8.1 The exportation of goods on the Export Control List without an export permit issued by the Minister of Foreign Affairs is an offence and may lead to prosecution under the Export and Import Permits Act.

9.0 Permit Fees

9.1 Export permit fees are payable pursuant to the Export and Import Permits and Certificates Fees Order. A $9 fee will be levied for each permit where the export permit is delivered by a person who is not employed in the public service of Canada but who is authorized by the Minister to make the delivery. However, brokers with on-line privileges may charge more; brokers' fees may vary.

9.2 Where an exporter applies directly to the Trade Controls Bureau for an export permit, the permit fee is $14 payable with the application. Payment may be made by cheque or bank money order, payable to the "Receiver General for Canada"; by bank wire transfer as described below in paragraph 14.3; or by "Visa" or "Master Card", by providing card number, expiry date and name of card holder.

9.3 Payment of export permit fees may be made by cheque, bank money order or bank wire transfer in the following ways. First, exporters may send a cheque payable to the "Receiver General for Canada" to the following address:

Mailing/Courier Address:
Foreign Affairs, Trade and Development Canada
Trade Controls Bureau (TID)
125 Sussex Drive
Ottawa, Ontario
K1A 0G2

A second means for payment is available through wire transfers capability. For this further information regarding this option, clients are to contact the Trade Controls Bureau Help Desk at 613-944-1265 or by facsimile to 613-996-3205.

10.0 Further Information

10.1 For further information please contact the Softwood Lumber Division (TNS), Foreign Affairs, Trade and Development Canada at 613-944-2168 or by facsimile to 613-944-8950 or by e-mail to softwood.boisdoeuvre@international.gc.ca.