Starting Date Appeal No. Appellant Act Type of Hearing

2010-12-13   AP-2008-012   R P.L. Lights Systems Canada Inc.   Customs Act File Hearing

2011-01-18   AP-2010-011   G.C.P. Elastomeric Inc.   Customs Act Public Hearing

2011-01-20   AP-2010-019   HBC Imports c/o Zellers Inc.   Customs Act Public Hearing

Postponed to 2011-01-27 AP-2009-066 Danson Décor Inc.   Customs Act Public Hearing

Postponed to 2011-02-02 AP-2010-004 Nestle Canada Inc.   Customs Act Public Hearing

Postponed to 2011-03-24 AP-2009-014 Transport Desgagnés Inc.   Customs Act Public Hearing

Postponed    AP-2009-017   Nutricia North America   Customs Act Public Hearing

Postponed    AP-2009-067   Norcan Petroleum Inc.   Customs Act Public Hearing

Postponed    AP-2010-006   Komatsu International (Canada) Inc.    Customs Act Public Hearing

AP-2008-012R—Whether integrated climate and environmental control systems for greenhouses are agricultural or horticultural machines of heading No. 84.36 and, in the event that they are, whether the aluminum reflectors are articles for use in, or articles that enter into, the cost of manufacture of integrated systems for the purpose of heading No. 9903.00.00, on the ground that they are attached to lighting fixtures which are used in integrated systems.

AP-2009-014—Whether the letter from the Canada Border Services Agency (CBSA) dated February 20, 2009, constitutes a decision that is subject to appeal under section 67 of the Customs Act.

Should the Tribunal determine that the CBSA’s letter of February 20, 2009, constitutes a decision that is subject to appeal, whether the ship in issue is properly classified under tariff item No. 8901.90.90 as other vessels for the transport of goods and other vessels for the transport of both persons and goods, other than open vessels, as determined by the President of the CBSA, or should be classified under tariff item No. 9814.00.00 as goods including containers or coverings filled or empty, which have once been released and accounted for under section 32 of the Customs Act, and have been exported, if the goods are returned without having been advanced in value or improved in condition by any process of manufacture or other means, or combined with any other article abroad, as claimed by Transport Desgagnés Inc.

AP-2009-017—Whether the goods in issue are properly classified under tariff item No. 2106.90.99 as other food preparations not elsewhere specified or included, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3004.50.00 as other medicaments containing vitamins or other products of heading No. 29.36, as claimed by Nutricia North America.

AP-2009-066—Whether the goods in issue are properly classified under tariff item No. 3926.90.90 as other articles of plastics, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9505.90.00 as festive articles, as claimed by Danson Décor Inc.

AP-2009-067—Whether the value for duty of the goods in issue imported by Norcan Petroleum Inc. (Norcan) should be calculated using the transaction value method, as determined by the President of the Canada Border Services Agency, or whether the transaction value of identical goods or the residual value method should be applied, as claimed by Norcan.

In the event that the transaction value method does apply, whether Norcan is entitled to deduct the costs of freight and insurance from the amount of duty paid or payable.

In the event that additional duty is payable, whether the President of the Canada Border Services Agency had the authority to impose interest charges against Norcan and whether the Tribunal has the jurisdiction to decide on this matter.

AP-2010-004—Whether the goods in issue are properly classified under tariff item No. 0403.90.91 (within access commitment) or tariff item No. 0403.90.92 (over access commitment) as other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 1901.10.20 as food preparations of goods of heading Nos. 04.01 to 04.04, for infant use, put up for retail sale, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis and containing more than 10 percent on a dry weight basis of milk solids, not elsewhere specified or included, or, in the alternative, under tariff item No. 1901.90.39 as other food preparations of goods of heading Nos. 04.01 to 04.04, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis and containing more than 10 percent but less than 50 percent on a dry weight basis of milk solids, not elsewhere specified or included, as claimed by Nestle Canada Inc.

AP-2010-006—Whether the goods in issue are properly classified under tariff item No. 4009.42.90 as other tubes, pipes and hoses, of vulcanized rubber other than hard rubber, reinforced or otherwise combined with other materials, with fittings, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8412.90.00 as parts of other engines and motors or, in the alternative, under tariff item No. 8431.49.00 as other parts suitable for use solely with the machinery of heading Nos. 84.25 to 84.30, or, also in the alternative, under tariff item No. 8412.21.00 as linear acting (cylinders) hydraulic power engines and motors, as claimed by Komatsu International (Canada) Inc.

AP-2010-011—Whether the goods in issue are properly classified under tariff item No. 4008.21.90 as other plates, sheets and strips of non-cellular rubber, of vulcanized rubber other than hard rubber, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 4003.00.00 as reclaimed rubber in primary forms or in plates, sheets or strip, as claimed by G.C.P. Elastomeric Inc.

AP-2010-019—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. 9403.89.19 as other furniture and parts thereof, for domestic purposes, as claimed by HBC Imports c/o Zellers Inc.

Dumping and Subsidizing

No scheduled hearing.

Procurement

Starting Date   Case No.                               Complainant

2010-11-29     PR-2010-049, PR-2010-050, PR-2010-056 to PR-2010-058 Enterasys Networks of Canada Ltd.

Textiles

No scheduled hearing.