G & J IMPORTS


G & J IMPORTS
v.
PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
Appeal No. AP-2012-040

Order issued
Friday, February 22, 2013


TABLE OF CONTENTS


IN THE MATTER OF an appeal under section 67 of the Customs Act, R.S.C. 1985 (2d Supp.), c. 1;

AND IN THE MATTER OF a request by the President of the Canada Border Services Agency dated January 16, 2013, pursuant to rule 23.1 of the Canadian International Trade Tribunal Rules, for an order dismissing the appeal on the basis that G & J Imports has failed to disclose the basis of its appeal;

AND IN THE MATTER OF a letter dated February 5, 2013, from the Canadian International Trade Tribunal directing G & J Imports to file its views on the President of the Canada Border Services Agency's request and to file an amended brief in conformity with subrule 34(2) of the Canadian International Trade Tribunal Rules.

BETWEEN

G & J IMPORTS Appellant

AND

THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent

ORDER

WHEREAS the above-noted appeal was filed by G & J Imports on October 31, 2012, under section 67 of the Customs Act;

AND WHEREAS, by letter dated November 2, 2012, the Canadian International Trade Tribunal (the Tribunal) accepted the appeal, notified the Canada Border Services Agency and directed G & J Imports to file a brief that conforms to subrule 34(2) of the Canadian International Trade Tribunal Rules (the Rules);

AND WHEREAS, by letter dated January 3, 2013, the Tribunal indicated that G & J Imports had failed to file its brief pursuant to subrule 34(2) of the Rules by the prescribed deadline and invited G & J Imports to file its brief immediately;

AND WHEREAS, on January 10, 2013, G & J Imports resubmitted its notice of appeal;

AND WHEREAS the notice of appeal is comprised of two paragraphs and states as the main ground of appeal that “[G & J Imports] ha[s] brought thousands of pocket knives in, and ha[s] never found one that . . . could open by the [f]lick of the wrist”;

AND WHEREAS, by letter dated January 16, 2013, the President of the Canada Border Services Agency requested an Order from the Tribunal, pursuant to subrule 23.1(1) of the Rules, dismissing the appeal on the basis that G & J Imports has failed to disclose the basis of its appeal;

AND WHEREAS, by letter dated January 17, 2013, the Tribunal invited G & J Imports to file its views in light of the Canada Border Services Agency's request;

AND WHEREAS, having received no response from G & J Imports, by letter dated February 5, 2013, the Tribunal again invited G & J Imports to file its views in light of the President of the Canada Border Services Agency's request and to file an amended brief that conforms to subrule 34(2) of the Rules and provides additional information concerning the basis of the appeal;

AND WHEREAS the Tribunal received no reply to its letter of February 5, 2013;

AND WHEREAS the Tribunal finds that G & J Imports has failed to comply with subrule 34(2) of the Rules, has failed to provide a viable basis for its appeal and, further, has repeatedly failed to comply with directions issued by the Tribunal, thus showing that it has lost interest in the present appeal;

THEREFORE, the Tribunal grants the President of the Canada Border Services Agency's request and orders that the above-noted appeal be dismissed.

Jason W. Downey
Jason W. Downey
Presiding Member

Eric Wildhaber
Eric Wildhaber
Secretary


Case Number(s)

AP-2012-040

Attachment(s)

ap2m40a_e.pdf (53.13 KB)

Status

Publication Date

Wednesday, March 6, 2013

Modification Date

Wednesday, March 6, 2013