Mark Holland on Questions Passed as Orders for Return

With regard to GRK Fasteners: (a) on what grounds are duties, under the Special Import Measures Act (SIMA), applied; (b) on what grounds was their petition to the Canadian International Trade Tribunal (CITT) for a SIMA exempt status denied; (c) given that GRK’s request for exemption is based on the fact that all of their products are patented, is the CITT no longer recognizing that patents make a product unique; (d) was the fact that there are no domestic manufacturers able to provide GRK with the type of product they require taken into account when the CITT made their decision and, if so, why is the SIMA duty still imposed on them and, if not, why not; and (e) does the Canada Border Services Agency or any other department or agency have reason to believe that GRK Fasteners has ever engaged in product dumping and, if so, what evidence do they possess and, if not, how then can an anti-dumping duty be applied to GRK?