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Appeals AP-2021-032 and AP‑2022-026 Atrium Innovations Inc. v. President of the Canada Border Services Agency |
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Decision and reasons issued |
IN THE MATTER OF appeals heard on May 9 and 10, 2023, pursuant to section 67 of the Customs Act;
AND IN THE MATTER OF decisions of the President of the Canada Border Services Agency, dated October 28, 2021, and October 19, 2022, made pursuant to subsection 60(4) of the Customs Act.
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BETWEEN |
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ATRIUM INNOVATIONS INC. |
Appellant |
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AND |
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THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY |
Respondent |
DECISION
The appeals are allowed. The Canadian International Trade Tribunal finds that the goods are medicaments of heading 30.04.
Pursuant to subsection 67(3) of the Customs Act, the Tribunal orders the President of the Canada Border Services Agency (CBSA) to refund any duties paid by Atrium Innovations Inc. (Atrium) as a result of the CBSA’s improper direction to Atrium that it had “reason to believe”
that all its importations of the goods in issue, or of goods that are like the goods in issue, had to be classified under heading 21.06.
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Eric Wildhaber |
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Eric Wildhaber |
The statement of reasons will be published on the Tribunal’s website at a later date.