Do you sell your organic product directly to a buyer (importer) in the United States? If so, then you are exporting. Even if you hire a contractor to arrange the export process/logistics, if that exporter doesn’t own the product when it crosses the line, then you are the exporter.
The following activities do not make you an exporter:
- Selling your crop to a Canadian packinghouse who then distributes products that the packinghouse now owns.
- Selling your product to the end consumer in the USA (either directly, or through a third party like Etsy). This activity falls under the SOE’s retail exemption.
- Selling your product to a distributor in Canada, who may sell to the USA after the sale of your product.
If you sell your product to an entity in Canada, you are likely not an exporter (regardless of where the product ends up after that sales transaction is complete).