Public Hearings, Appeals

May 27, 2014
Starting Date  Appeal No.  Appellant  Act  Type of Hearing
 2014-05-29  AP-2013-050  BMW Canada Inc.  Customs Act  Public Hearing
 2014-06-10  AP-2013-052  Montreal Gateway Terminals Partnership  Excise Tax Act  Public Hearing
 Postponed to 2014-06-12  AP-2013-047  T. Lysyshyn  Customs Act  File Hearing
 2014-06-12  AP-2013-053  IKEA Supply AG  Customs Act  Public Hearing
 2014-06-17  AP-2013-046  Tenth Siding Trading Company Ltd. dba Rock Gear Distribution  Customs Act  Public Hearing
 2014-06-19  AP-2013-049  Dynatrac Sleep Products Ltd.  Customs Act  Public Hearing
 2014-07-10  AP-2012-035  Canadian Tire Corporation, Limited  Special Import Measures Act  Public Hearing
 Postponed  AP-2012-009  Volpak Inc.  Customs Act  Public Hearing

AP-2012-009—Whether the goods in issue are properly classified under tariff item No. 0207.13.92 as over access commitment, bone-in cuts and offal, fresh or chilled, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 0207.13.91 as within access commitment, cuts and offal, fresh or chilled, as claimed by Volpak Inc.

AP-2012-035—The first issue is whether the Special Import Measures Act (SIMA) empowers the President of the Canada Border Services Agency (CBSA) to re-determine all aspects of the assessment at issue or only the issues raised in the request filed by Canadian Tire Corporation, Limited under section 58 of SIMA. The second issue is whether the normal values applied by the CBSA in its re-determination were determined in accordance with the provisions of SIMA and the Special Import Measures Regulations.

AP-2013-046—Whether the goods in issue are properly classified under tariff item No. 6307.90.99 as other made-up articles of other textile materials, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9401.79.90 as other seats, with metal frames, other than for domestic purposes, as claimed by Tenth Siding Trading Company Ltd. dba Rock Gear Distribution.

AP-2013-047—Whether the goods in issue are properly classified under tariff item No. 9898.00.00 as prohibited weapons, as determined by the President of the Canada Border Services Agency.

AP-2013-049—Whether the goods in issue are properly classified under tariff item No. 9403.20.00 as other metal furniture and parts thereof, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9403.90.00 as parts of other furniture and parts thereof, as claimed by Dynatrac Sleep Products Ltd.

AP-2013-050—Whether the goods in issue are properly classified under tariff item No. 8708.99.99 as other parts and accessories of the motor vehicles of headings No. 87.01 to 87.05, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8479.89.90 as other machines and mechanical appliances having individual functions, not specified or included elsewhere in Chapter 84, as claimed by BMW Canada Inc.

AP-2013-052—Whether portal structures are “vehicles” within the meaning of paragraph 23(8)(c) of the Excise Tax Act and, therefore, whether the appellant is entitled to a refund of the excise tax paid on diesel fuel purchased during the period from January 1 to December 31, 2010, for use in the operation of those portal structures.

AP-2013-053—Whether the goods in issue are properly classified under tariff item No. 9401.30.10 as swivel seats with variable height adjustment, for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9401.30.90 as other swivel seats with variable height adjustment, as claimed by IKEA Supply AG.


Topic(s): 
Acts, Regulations, Policies & Decisions / Customs Act / Post Entry / Appeals (Recourse & CITT)
Information Source: 
Canadian International Trade Tribunal (CITT)
Document Type: 
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