Nanoleaf LED tariff hearing; POSH procurement inquiry

Summary#

The Canadian International Trade Tribunal published two notices. It set a videoconference hearing on September 28, 2021 about how Nanoleaf Canada Limited LED panels should be classified for customs purposes, and it decided on August 9, 2021 to open an inquiry after a procurement complaint from Port of Spain Holdings Inc. (POSH) against Parks Canada Agency.

What it does#

• Appeal hearing

  • Schedules a public hearing (by videoconference) on September 28, 2021 for appeal No. AP-2020-032.
  • The hearing will decide whether Nanoleaf LED light panels are classified under tariff item 8539.50.00 (the importer’s position) or tariff item 9405.40.90 (the position taken by the President of the Canada Border Services Agency).
  • Interested people who want to attend were asked to contact the Tribunal at least two business days before the hearing to register and get details (telephone and email provided in the notice).

• Procurement inquiry

  • The Tribunal decided on August 9, 2021 to launch an inquiry (File No. PR-2021-031) after a complaint by Port of Spain Holdings Inc. (POSH) of Toronto.
  • The complaint concerns Solicitation No. 5P421-21-0006/A, for work on utilities at Tunnel Mountain campground operations area managed by Parks Canada Agency.
  • POSH alleges bias in the award process and says the solicitation was cancelled instead of awarding the contract to POSH, which it says was the lowest compliant bidder.
  • The notice gives contact details for the Tribunal’s registry for more information.

Who's affected#

• Nanoleaf Canada Limited and businesses that import, sell, or distribute the same LED light panels.
• Customs brokers, importers, and the President of the Canada Border Services Agency (because tariff classification affects duties and clearance).
• Port of Spain Holdings Inc. (POSH) and other companies that bid on the Parks Canada solicitation.
• Parks Canada Agency and potential contractors for work at Tunnel Mountain campground.
• It is unclear from the notice whether other bidders or third parties will be directly affected beyond those named.

Why it matters#

• The tariff classification decision can change which customs code applies. That can affect import duty, taxes, and how the product is treated at the border — and so alter costs for importers and prices for customers.
• The procurement inquiry checks whether a government contract was handled fairly. If the Tribunal finds problems, it could affect who gets the contract and how future Parks Canada procurements are run.
• Both items are about government review and oversight: one about trade and customs rules, the other about fairness in public contracting.