Date:
20100921
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
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.
Date:
20100921
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)
NADON J.A.
[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.
“M.
Nadon”
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:
|
Mr. Michael Kaylor
|
FOR
THE APPELLANT
|
|
Mr. Lorne Ptack
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Lapointe
Rosenstein Marchand Mélançon LLP
Montreal, QC
|
FOR THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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