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The Federal Court struck a judicial review of a CBSA re-investigation of Turkish rebar normal values, holding it was not reviewable and, alternatively, that the importer had an adequate SIMA remedy.
The Tribunal correctly classified the ratchet tie-down straps under heading 82.05 as 'clamps and the like' because their primary essential characteristic is holding or compressing objects; the explanatory note to heading 84.79 is not inconsistent with the ordinary wording of that heading and may be applied to give effect to the priority of more specific headings; no legal error was shown and on correctness review the appeal is dismissed.
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The appeal is dismissed: the CITT did not commit an extricable error of law in declining to follow the WCO Classification Opinion; under the Customs Act (ss.67(3) and 68) this Court’s statutory appeal jurisdiction is limited to questions of law, so the Court will not review CITT findings of fact or mixed fact and law unless a reviewable error of law can be extricated.
Source excerpt
The ordinary meaning of "refrigerator" within item 8418 of the Customs Tariff is broad enough to include wine coolers; the evidence of an industry-specific meaning did not rebut the presumption favoring the ordinary meaning, therefore the CITT correctly classified the goods as "Refrigerators, household type" under items 8418.21 and 8418.29.
Source excerpt
The Federal Court dismissed Foster Farms’ judicial review of the refusal to grant retroactive supplemental import permits, finding no breach of procedural fairness and no unreasonable decision.
The Federal Court granted a motion to strike a judicial review application challenging a CBSA anti-dumping determination, finding SIMA’s appeal scheme was exclusive.
The Court dismissed the applications because the record showed CBSA sought but was refused valuation evidence, the CBSA considered and reasonably rejected the applicant's appraisal, the treatment of the extinguished debt as a subsidy under s.27.1 was justified, and the President's finding that domestic prices were 'substantially determined' by the Chinese government was a factual, discretionary determination for which no reviewable error was shown.
Source excerpt
The Tribunal's conclusion that the goods are household stainless steel articles classifiable under tariff item 7323.93.00 rather than machines under tariff item 84.79 was reasonable and supported by ample and cogent evidence; moreover, an argument under tariff item 3924 not made before the Tribunal could not be raised on appeal; therefore the appeal is dismissed.
Source excerpt
The Court of Appeal dismissed an extradition appeal, holding that the appellant was not detained for s. 10(b) purposes when questioned during a search.
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