Appeal No. AP-2000-059

January 10, 2002

10 January 2002

Appeal No. AP-2000-059

This is an appeal heard by way of video conference in Hull, Quebec, and Calgary, Alberta, under subsection 67(1) of the Customs Act from a decision of the Commissioner of the Canada Customs and Revenue Agency dated February 9, 2001, pursuant to subsection 60(4) of the Customs Act. The issue in this appeal is whether a knife (the knife in issue), which was detained by the respondent on December 14, 2000, is properly classified under tariff item No. 9898.00.00 as a prohibited weapon.

HELD:

The appeal is dismissed. The respondent demonstrated to the Tribunal's satisfaction that the knife in issue opens by centrifugal force. The knife in issue is therefore a prohibited weapon as defined by paragraph 84(1)(a) of the Criminal Code. The arguments presented by the appellant do not refute this fact. Accordingly, the knife in issue is properly classified under tariff item No. 9898.00.00.

This document is available on the CITT web site at the following address:

http://www.citt-tcce.gc.ca/appeals/decision/ap2a059e/ap2a059e.htm


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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