Deputy M.N.R., Customs and Excise v. General Electric Canada Inc.
A-388-93
Mahoney J.A.
1/6/94
8 pp.
Appeal from Canadian International Trade Tribunal's (CITT) decision wording of certain sections of Special Import Measures Act not allowing application of anti-dumping duties -- Appellant initiated investigation into alleged dumping of class of electric motors "originating in or exported from U.S.A." and other countries -- After inquiry, Anti-dumping Tribunal found goods caused material injury to production of like goods in Canada -- Tribunal held where goods originated in one country and exported to Canada from another country, definition of goods as "originating in or exported from" country named, definition could not, in law, cover goods unless both countries named in preliminary determination and injury finding -- Appellant has sole jurisdiction to define "goods" for injury inquiry to be undertaken by CITT; Tribunal to redefine goods would be excess of jurisdiction -- Tribunal obliged to address question whether goods "originating in or exported from", not whether goods "originating in and exported from", named country -- By approaching question as it did, effectively redefined goods subject of preliminary determination and material injury finding that were binding on it and thereby exceeded jurisdiction -- Tribunal erred in law in construing Act as not authorizing imposition of anti-dumping duties on goods produced in country not named in preliminary determination or subject of material injury inquiry; also erred in law in construing definition of goods in issue as necessarily being goods "originating in and exported from" named country -- In context "or" cannot be understood to contemplate notion of "and" -- Respondent did not attempt with any force to justify decision as being correct in law; did resist attack based on jurisdiction and did rely on deference owed expert tribunal in construction and application of constituting statute -- CITT unquestionably expert tribunal, but errors of law herein of character not attracting deference -- Appeal allowed -- Special Import Measures Act, R.S.C., 1985, c. S-15, s. 62(1) (as am. by S.C. 1990, c. 8, s. 72).