J.V. Marketing Inc. v. Canada ( International Trade Tribunal )
A-1349-92
Robertson J.A.
29/11/94
12 pp.
Appeal from decision of Canadian International Trade Tribunal interpreting scope of previous finding respecting dumping of women's leather shoes and boots in Canada-Whether goods in issue "sports footwear" for purpose of Tribunal's Dumping Finding, therefore excluded from dumping duty-Tribunal holding goods in issue not within definition of "sports footwear" in Dumping Finding, therefore not excluded from dumping duty-Decision appealed under Special Import Measures Act, s. 62-Tribunal finding "extended definition" of "sports footwear" exhaustive-Permissible to refer to separately issued statement of reasons in order to interpret otherwise ambiguous finding of Tribunal-Category of "sports footwear" trade term of indeterminate meaning connoting broad range of footwear-Ambiguous term-Tribunal properly had regard to "extended definition"-Words-in-context approach to statutory construction instructive-Necessary to examine utilization by Tribunal of word "generally" throughout entire "extended definition," not only portion pertaining to "sports footwear"-Extended definition of "sports footwear" derived from Harmonized System of tariff classification-Tribunal adopting broader definition of "sports footwear" which generalized scope of Harmonized System definition-Wrong in misconstruing intended scope of exemption clause as relating to "sports footwear"-"Extended definition" of "sports footwear" merely illustrative, not exhaustive-Inappropriate for Court to determine whether "Instep shoes" designed for sporting activity and whether fitness walking such activity-Both issues questions of fact-Appeal allowed, matter sent back to Tribunal for reconsideration-Special Import Measures Act, R.S.C., 1985, c. S-15, s. 62.