The Canadian International Trade Tribunal (CITT) ruled, on May 8, 2003, that Quebec-based footwear manufacturer and importer M&M Footwear is not required to pay anti-dumping duties on imports of a certain style of ladies nylon waterproof boots made in China. The issue was whether the boots in question were “waterproof plastic footwear”, in which case the boots would be excluded from the imposition of anti-dumping duties that are generally imposed on women’s boots from China. The Canada Customs and Revenue Agency (CCRA) argued that “nylon” is not “plastic” and for this reason, as well as others, the M&M boots did not benefit from the exclusion for “waterproof plastic footwear”. However, M&M successfully argued that the term “plastic” includes “nylon” and for this, and other reasons, the CITT decided that M&M Footwear’s ladies nylon boots were not subject to anti-dumping duties. M&M is entitled to a refund of anti-dumping duties paid on previous shipments, and is also entitled to exemption from anti-dumping duties on all future imports of this product.
M&M Footwear was represented by Greg Kanargelidis and Glenn Leslie (competition and trade law) of Blake, Cassels & Graydon LLP. The CCRA commissioner was represented by Louis Sébastien.