Date: 20000119
Docket: A-591-98
THE HONOURABLE MR. JUSTICE NOËL
THE HONOURABLE MR. JUSTICE EVANS
BETWEEN:
ACCIAIERIE VALBRUNA s.r.l. AND
ACCIAIERIE DI BOLZANA SpA
Applicants
- and -
ATLAS SPECIALITY STEELS, AB SANDVIK
STEEL, SANDVIK STEEL CANADA, BRITISH
STEEL CANADA INC., FORONI METALS OF
TEXAS INC., FORONI SPA, AUBERT &
DUVAL AND MANLUK INDUSTRIES INC.
Respondents
Heard at Ottawa, Ontario, Wednesday, January 19, 2000
Judgment delivered from the Bench
at Ottawa, Ontario on Wednesday, January 19, 2000
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20000119
Docket: A-591-98
THE HONOURABLE MR. JUSTICE NOËL
THE HONOURABLE MR. JUSTICE EVANS
BETWEEN:
ACCIAIERIE VALBRUNA s.r.l. AND
ACCIAIERIE DI BOLZANA SpA
Applicants
- and -
ATLAS SPECIALITY STEELS, AB SANDVIK
STEEL, SANDVIK STEEL CANADA, BRITISH
STEEL CANADA INC., FORONI METALS OF
TEXAS INC., FORONI SPA, AUBERT &
DUVAL AND MANLUK INDUSTRIES INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario on
Wednesday, January 19, 2000)
RICHARD C.J.:
[1] In the circumstances of this case, and given that decisions of the Tribunal are entitled to substantial deference, the Tribunal"s finding of fact that a certain amount of semi-finished round bar, shipped by Atlas to the United States during the course of production to have certain intermediate steps performed (the "tolled goods") and returned to Canada for a number of other operations by Atlas prior to becoming a finished product, should be considered part of domestic production and not considered as imports for the purpose of an injurious dumping inquiry from other countries, is supported by the evidence and is not unreasonable, let alone, patently unreasonable.
[2] Accordingly, the application for judicial review is dismissed with costs.
____________________________
Chief Justice
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