On June 7, 2019, Canada’s Federal Court of Appeal (FCA) confirmed in Chen v. Minister of Public Safety and Emergency Preparedness, 2019 FCA 170, that the Canada Border Services Agency (“CBSA”) cannot seize goods that were imported more than 6 years ago (even if the duties were not paid). In Chen, the
Why The U.S. Should Want To Keep NAFTA Chapter 19: Canada’s FCA Significantly Limits Judicial Review in Trade Remedies Cases
On August 29, 2017, Canada’s Federal Court of Appeal (the second highest court in Canada) issued two decisions dismissing two judicial reviews (one filed by a Korean exporter and the other filed by a Canadian producer) of Canada Border Services Agency (“CBSA”) antidumping calculations on grounds of a lack of jurisdiction. These cases and the
Three Notices of Application For Judicial Review Filed Against CITT FISC Decision
On May 25, 2017, the Canadian International Trade Tribunal (“CITT”) made an AD Order in respect of fabricated industrial steel components (“FISC”) originating in or exported from China, South Korea and Spain and made a CVD Order in respect of FISC originating in or exported from China. On June 9, 2017, the CITT issued its