ALUMINART PRODUCTS LIMITED
ALUMINART PRODUCTS LIMITED
v.
PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
Appeal No. AP-2011-027
Order issued
Tuesday, January 24, 2012
IN THE MATTER OF an appeal filed by Aluminart Products Limited on July 29, 2011, pursuant to subsection 61(1) of the Special Import Measures Act, R.S.C. 1985, c. S-15;
AND IN THE MATTER OF a motion filed by Universal Consumer Products Inc. on January 13, 2012, for leave to intervene in the appeal pursuant to subsection 61(2) of the Special Import Measures Act and rule 39 of the Canadian International Trade Tribunal Rules, S.O.R./91-499.
BETWEEN
ALUMINART PRODUCTS LIMITED Appellant
AND
THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent
WHEREAS Universal Consumer Products Inc. (Universal) filed a motion with the Secretary of the Canadian International Trade Tribunal (the Tribunal) on January 13, 2012, for leave to intervene in the appeal pursuant to subsection 61(2) of the Special Import Measures Act and rule 39 of the Canadian International Trade Tribunal Rules, and has a direct interest in the subject matter of the appeal, which may not be adequately represented by the parties and whose intervention could assist the Tribunal in determining whether “kits” are goods in respect of which the Tribunal’s findings in Inquiry No. NQ-2008-003 apply;
WHEREAS the appeal is scheduled to be heard on February 2, 2012;
AND WHEREAS the disruption to the President of the Canada Border Services Agency and Aluminart Products Limited could be minimized by limiting Universal’s intervention to a written brief on the issue of “kits” and proceeding with the hearing on the originally scheduled day;
THE TRIBUNAL ORDERS as follows:
- By noon on January 27, 2012, Universal shall file with the Tribunal a written brief on the issue of “kits” and “finished goods” in relation to the goods in issue in the current appeal and shall forthwith serve the parties with copies.
- By end of day on February 1, 2012, the parties may file written replies to Universal’s brief and shall forthwith serve Universal with copies. Alternatively, the parties may reserve their replies, if any, to oral argument at the hearing.
Diane Vincent
Diane Vincent
Presiding Member
Serge Fréchette
Serge Fréchette
Member
Jason W. Downey
Jason W. Downey
Member
Dominique Laporte
Dominique Laporte
Secretary