Release of new interpretative policy D10-15-26 “Goods to be employed in a noxious atmosphere” and cancellation of D10-15-23 “Administrative Policy – Interpretation of “Noxious Atmosphere” for Gloves under Tariff Items 3926.20.10 and 4015.19.10”
Customs Notice 17-32

1. The Canadian International Trade Tribunal, in its decision of the AMD Ritmed Inc. v. President of the Canada Border Services Agency (CBSA), appeal (AP-2014-013/015), found that hospital environments fall within the term “noxious atmosphere”.

2. This notice serves to advise that as a result of the CITT decision, the CBSA has reviewed and amended its’ interpretation of the expression “noxious atmosphere” as it applies to certain goods provided for in the Customs Tariff. The revised policy is set out in the newly released Department Memoranda D10-15-26 “Goods to be employed in a noxious atmosphere”, dated September 22, 2017.

3. This notice also serves to inform all interested parties that the CBSA hereby cancels Departmental Memoranda D10-15-23 “Administrative Policy – Interpretation of “Noxious Atmosphere” for Gloves Under Tariff Items 3926.20.10 and 4015.19.10”.

4. For more information, within Canada, call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time / except statutory holidays). TTY is also available within Canada: 1-866-335-3237.

Date modified:

2017-09-22