We are pleased to announce that Mr. Peter Kirby, the Montreal trade lawyer who led the Bri-Chem Supply Ltd., Ever Green Ecological Services Inc., and Southern Pacific Resource Corp. cases, will be with us on Tuesday, November 1, to provide explanation and commentary about last week's Federal Court of Appeal's decision to dismiss CBSA's appeals with costs.

These three cases, tried together, were identical to the Frito-Lay case. In Frito-Lay case, CBSA did not allow a non-revenue change from the MFN tariff treatment to a NAFTA tariff treatment beyond the one year time limit to be filed under Section 32.2 of the Customs Act. The Frito-Lay case was brought to the CITT, where CBSA was not successful. CBSA chose not to appeal and did not change its practice.

The CITT made identical decisions in the cases involving Bri-Chem Supply Ltd., Ever Green Ecological Services Inc., and Southern Pacific Resource Corp.; however, this time CBSA appealed these three cases to the Federal Court of Appeal. The Federal Court of Appeal has decided in the importers' favour.

If you wish to provide questions ahead of time, please send them to [email protected]. Otherwise, you’ll be able to ask questions in writing during the session.

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