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International Law - PROCEEDINGS - Appeals and judicial review

Thursday, December 22, 2016 @ 7:00 PM  

Appeal by Prudential Steel and Algoma Tubes from their application for judicial review of an advance ruling by the Canada Border Services Agency (CBSA) in favour of the respondent, Bell Supply Company. The appellants requested special protection measures from dumped and subsidized oil country tubular goods originating in China. The relief sought was based on findings by the Canadian International Trade Tribunal in 2008 and 2010 that such goods threatened the domestic industry and required anti-dumping and countervailing duties. In 2013, the respondent requested an advance ruling from the CBSA as to whether certain seamless casing and tubing products would be subject to the duties upon import into Canada. The respondent’s goods originated in China, but underwent work in Indonesia. The CBSA ruled that the respondent’s goods would be deemed to have originated in Indonesia, and therefore would not be subject to the anti-dumping and countervailing duties upon importation into Canada. The appellants sought judicial review. The Federal Court concluded that the ruling was not a decision subject to review. Prudential and Algoma appealed.

HELD: Appeal dismissed. Although the advance ruling was expected to be followed by the CBSA, it did not constitute a final binding decision. A determination of whether duties attached to imported goods was only made following the actual importing of the goods into Canada. Any advance ruling did not prevent a CBSA officer from exercising the statutory discretion conferred by Parliament in that respect. The appellants were not prejudicially affected by the advance ruling, as the duties at issue were imposed on certain goods to protect the domestic industry. If no such goods were imported, there was no harm to the domestic industry and the appellants.