Trade Tribunal Appeals and 2020 Rail Rates

Summary#

This Canada Gazette notice (published December 28, 2019) collects several short public items. It announces two tariff‑classification appeal hearings before the Canadian International Trade Tribunal, a scheduled expiry review for anti‑dumping/subsidy measures on certain oilfield steel pipe from the People’s Republic of China (order set to expire March 1, 2020), a reminder from the Canadian Radio‑television and Telecommunications Commission about postings of applications, and the Canadian Transportation Agency’s regulated interswitching rates for 2020.

What it does#

• Announces public hearings before the Canadian International Trade Tribunal:
  • Halliburton Group Canada d.b.a. Halliburton Energy Services v. President of the Canada Border Services Agency — hearing set for February 4, 2020. The dispute is over whether certain probe assemblies should be classified under tariff item 9015.80.10 (geophysical instruments) or 9015.80.90 (other surveying/oceanographic instruments).
  • Michael Kors (Canada) Holdings Ltd. v. President of the Canada Border Services Agency — hearing set for February 6, 2020. The dispute is whether certain tote bags are classified as “handbags” (tariff items 4202.21.00 / 4202.22.90) or as other containers (tariff items 4202.92.90 / 4202.91.90).
• Gives notice that an order on oil country tubular goods (certain casing and tubing made of carbon or alloy steel), originating in or exported from the People’s Republic of China, is scheduled to expire on March 1, 2020, unless an expiry review is started under the Special Import Measures Act.
  • Deadlines for participation and filings: notices of participation and representation due January 2, 2020; main submissions due January 13, 2020; replies due January 21, 2020. The Tribunal expected to decide by February 5, 2020 whether to start an expiry review.
  • The cited goods include pipes with outside diameters from 2 3/8 inches to 13 3/8 inches (about 60.3 mm to 339.7 mm), and pup joints up to 3.66 m (12 feet), among other specifics.
• Reminds the public that the Canadian Radio‑television and Telecommunications Commission posts applications and decisions on its website and that certain Part 1 broadcasting applications were posted between December 13 and December 17, 2019 (with response deadlines such as January 31, 2020 and February 3, 2020 for the items listed).
• Publishes the Canadian Transportation Agency’s regulated interswitching rates for 2020 (as set under the Canadian Transportation Act and the Railway Interswitching Regulations):
  • Zone 1: $310 per car; $60 per car block
  • Zone 2: $440 per car; $95 per car block
  • Zone 3: $305 per car; $60 per car block
  • Zone 4A: $280 per car; $50 per car block
  • Zone 4B: $280 plus $10 per additional kilometre; $50 plus $1.25 per additional kilometre

Who's affected#

• Importers, customs brokers, and retailers of the items in the two tariff appeals — notably Halliburton Group Canada and Michael Kors (Canada) Holdings Ltd. — and the President of the Canada Border Services Agency (as respondent).
• Canadian manufacturers and importers of oil country tubular goods, and exporters from the People’s Republic of China, because the expiry or continuation of the order affects duties and competition.
• Railway customers, short lines and mainline railways who use interswitching services — they will see the published 2020 per‑car and per‑block rates.
• Broadcasters, community groups and others who apply to the Canadian Radio‑television and Telecommunications Commission for licence changes or renewals (because the Commission posts applications and sets response deadlines).
• If it’s unclear whether a specific person or business is affected, they should check the detailed notices or contact the relevant agency (the Gazette item lists contact details).

Why it matters#

• Tariff‑classification rulings can change which duty rates apply and how goods are treated at the border. The Tribunal hearings could affect import costs for the two companies involved and for others importing similar goods.
• The expiry decision on the order for oil country tubular goods could change the competitive balance in the Canadian oilfield pipe market. If the order lapses, some foreign imports could return at lower prices; if it stays, duties or measures remain in place.
• The published 2020 interswitching rates set standard charges for moving rail cars between carriers. These affect shipping costs for businesses that rely on rail freight.
• The CRTC reminder helps broadcasting applicants and stakeholders know where to find application files and deadlines so they can participate in regulatory decisions that affect local services and channels.