The Canadian International Trade Tribunal: Canada's emerging trade jurisprudence.

摘要

Established in 1988, the Canadian International Trade Tribunal (the "CITT") replaced the Tariff Board, the Canadian Import Tribunal and the Textile and Clothing Board. Tasked with the responsibilities of advising the government on various trade related matters, conducting injury inquiries and reviewing certain decisions of the customs department, the CITT is an important source of Canadian trade policy and jurisprudence. This paper focuses on the role the CITT has played in the development of Canadian trade jurisprudence, with particular emphasis on the CITT's material injury inquiries and its appellate review of Canada Customs' classification and valuation determinations. Placing these decisions against the background of Canada's international trade commitments, the author gives a mixed review of the CITT's performance to date. That said, the author notes that a significant proportion of the CITT's failures in this area is more accurately attributable to the statutory limitations to its jurisdiction due to the incomplete manner in which Parliament has implemented Canada's international trade commitments into domestic law.