BETWEEN:
and
THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
Heard at Ottawa, Ontario, on September 21, 2010.
Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A-279-09
Citation: 2010 FCA 236
CORAM: NADON J.A.
SEXTON J.A.
MAINVILLE J.A.
BETWEEN:
AUTOMED TECHNOLOGIES INC.
Appellant
and
THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 21, 2010)
[1] Notwithstanding Mr. Kaylor’s forceful arguments, we are all of the view that, on the record before us, the Canadian International Trade Tribunal (the “CITT”) made no reviewable error in concluding that the goods in issue should be classified under tariff item no. 3920.99.91, i.e.: “… other plastics… [o]f polymers of tetrafluoroethylene, of epoxide resins, of polyurethanes or of polyvinylidene chloride.”
[2] In other words, we have not been persuaded that the CITT’s decision is unreasonable.
[3] Consequently, the appeal will be dismissed with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-279-09
STYLE OF CAUSE: AUTOMED TECHNOLOGIES INC. v. THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 21, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NADON, SEXTON, MAINVILLE JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Lapointe Rosenstein Marchand Mélançon LLP Montreal, QC |
FOR THE APPELLANT
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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