Supplement tariff classification hearings

Summary#

The Canadian International Trade Tribunal will hold public videoconference hearings on May 9, 2023 and May 10, 2023 to hear two appeals by Atrium Innovations Inc. against the President of the Canada Border Services Agency under the Customs Act. The appeals ask whether certain supplement products should be classified under tariff item 2106.90.99 or under 3004.50.00 / 3004.90.00.

What it does#

• Schedules public hearings (by videoconference) on May 9, 2023 and May 10, 2023 before the Canadian International Trade Tribunal.
• Considers two appeals (AP-2021-032 and AP-2022-026) filed by Atrium Innovations Inc. against the President of the Canada Border Services Agency about how some imported products are classified under the Customs Act.
• Goods under review are:
  • essential fatty acid products (from fish or vegan oil) in measured doses,
  • ashwagandha (Withania somnifera) root extract products in measured doses,
  • coenzyme Q10 (CoQ10) products in measured doses.
• The key question is whether those goods fit tariff item 2106.90.99 ("miscellaneous edible preparations") or tariff items 3004.50.00 / 3004.90.00 ("medicaments").
• The notice says interested people should register at least two business days before the hearings by contacting the Tribunal (phone or email listed in the original notice).

Who's affected#

• Importers and sellers of the listed supplement products, including companies like Atrium Innovations Inc.
• Customs brokers and freight handlers who classify and clear these types of goods at the border.
• The Canada Border Services Agency, which enforces tariff classification and collects duties.
• Potentially manufacturers, retailers, and consumers of these products if classification changes affect cost or availability.

Why it matters#

• Tariff classification determines how an imported product is treated at the border — for example, which duties apply and what import rules or controls might be triggered.
• If the Tribunal decides the products are "medicaments" rather than "edible preparations" (or vice versa), that could change import costs, documentation needs, and how quickly shipments clear.
• The hearings are a routine legal step, but their decision could affect prices and supply for businesses and consumers involved with these supplements.