Public Hearings

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Unless otherwise indicated, all public hearings are held at the Tribunal's premises, 333 Laurier Avenue West, 18th Floor, Ottawa, Ontario.

	Appeals
	Dumping and Subsidizing
	Procurement
	Textiles

Appeals (click on link for issue)

Starting Date	Appeal No.	Appellant	Act	Type of Hearing
2012-02-14	AP-2010-006	Komatsu International (Canada) Inc.	Customs Act	Public Hearing
2012-02-14	AP-2011-023	Curve Distribution Services	Customs Act	File Hearing
2012-02-16	AP-2011-029	Elfe Juvenile Products	Customs Act	Public Hearing
2012-02-21	AP-2011-030 AP-2011-031	Grodan Inc.	Customs Act	Public Hearing
2012-02-23	AP-2011-032	IC Companys Canada Inc.	Customs Act	Public Hearing
2012-02-28	AP-2010-002	Frito-Lay Canada, Inc.	Customs Act	Public Hearing
Postponed to 2012-03-27	AP-2011-028	A. H. McElroy Sales & Service (Canada) Ltd.	Customs Act	Public Hearing
Postponed to 2012-05-31	AP-2009-024	Transnat Express Inc.	Excise Tax Act	Public Hearing
Postponed	AP-2009-067	Norcan Petroleum Inc.	Customs Act	Public Hearing
Postponed	AP-2011-011	Bauer Hockey Corporation	Customs Act	Public Hearing

AP-2009-024—Whether a certain diesel fuel qualifies for exemption from tax pursuant to paragraph 23(8)(c) of the Excise Tax Act.

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-2010-002—Whether the jurisdictional requirements of subsection 67(1) of the Customs Act have been fulfilled and, if so, whether the appeal concerning the origin of the goods in issue should be allowed.

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, with fittings, reinforced or otherwise combined with other materials, 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 or principally with the machinery of heading Nos. 84.25 to 84.30, or, in the further 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-2011-011—Whether the Bauer premium and core integrated neck tops are properly classified under tariff item No. 6110.30.00 as jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted, of man made fibres and whether the Bauer core integrated neck knee length one pieces are properly classified under tariff item No. 6114.30.00 as other garments, knitted or crocheted, of man-made fibres, as determined by the President of the Canada Border Services Agency, or whether the goods should be classified under tariff item No. 9506.99.90 as other articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in Chapter 95, as claimed by Bauer Hockey Corporation.

AP-2011-023—Whether the goods in issue are properly classified under tariff item No. 4202.32.90 as articles of a kind normally carried in the pocket or in the handbag with outer surface of sheeting of plastics and under tariff item No. 4202.99.90 as other spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 4202.12.90 as trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar containers with outer surface of plastics, as claimed by Curve Distribution Services.
Whether the goods in issue are entitled to the benefits of tariff item No. 9948.00.00 as articles for use in automatic data processing machines, as claimed by Curve Distribution Services.

AP-2011-028—Whether the goods in issue are properly classified under tariff item No. 8515.80.00 as other electric (including electrically heated gas) welding machines and apparatus, whether or not capable of cutting, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 8705.90.90 as other special purpose motor vehicles, other than those principally designed for the transport of persons or goods, as claimed by A. H. McElroy Sales & Service (Canada) Ltd.

AP-2011-029—Whether the goods in issue are properly classified under tariff item No. 9401.71.10 as other upholstered seats with metal frames for domestic purposes, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9503.00.90 as other toys, as claimed by Elfe Juvenile Products.

AP-2011-030 and AP-2011-031—Whether the goods in issue in Appeal No. AP-2011-030 are properly classified under tariff item Nos. 3920.10.90 and 3920.20.90, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9903.00.00, as claimed by Grodan Inc., and whether decisions made under the Customs Act that are at issue in Appeal No. AP 2011 031 are invalid, as claimed by Grodan Inc.

AP-2011-032—Whether certain payments to the vendor constitute payments for exclusive distribution rights that should be excluded from the value for duty of imported goods, as claimed by the IC Companys Canada Inc., or constitute proceeds of the subsequent resale, disposal or use of the goods that should be captured by 48(5)(a)(v) of the Customs Act, as determined by the President of the Canada Border Services Agency.

Dumping and Subsidizing

Starting Date	Case No.	Product
2012-03-12	NQ-2011-001	Pup Joints
2012-04-10	RD-2011-001 and RD-2011-003	Aluminum Extrusions
2012-04-23	NQ-2011-002	Stainless Steel Sinks

Procurement

No scheduled hearing.

Textiles

No scheduled hearing.