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RE-DETERMINATION:

P.I.U. File No. 3730-2/64T-1356

 

 

Material detained on Friday October 6, 2000.
Material seized on Wednesday December 20, 2000.
Material seized by Compliance Verification Officer (CVO) # 8368.
Appeal filed on Thursday March 15, 2001.
Appeal judgement issued on Wednesday April 18, 2001.
[Cover letter falsely dated as Saturday April 7, 2001.]

 

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Customs Disputes
Prohibited Importations Unit
10th Floor, 191 Laurier Avenue West
Ottawa, ON K1A 0L5

 

File # : CD00148
TRS #: F-225162

 

[deleted]

 

[Saturday] April 7, 2001
[DAS-corrected date: Wednesday April 18, 2001]

 

Re: Dispute of Determination (Reference Number 577-491)
Two (2) Videocassettes

 

Dear [deleted]:

            As requested, in your letter received in our offices on March 15, 2001, we have now completed a re-determination of the decision made on the above-mentioned goods. You will receive a formal Detailed Adjustment Statement (DAS) by mail shortly.

            The original determination has been reviewed, in accordance with Section 60 of the Customs Act, and it has been decided that the videocassettes, entitled Inferno of Torture and Lynch: The Yakuza Torture, do not fall within the prohibitory provisions of Customs Tariff item 9899.00.00. Their importation into Canada is therefore acceptable.

            As you suggest, and I concur, these two films do not constitute the "undue exploitation of sex." They feature very little nudity and no explicit sexual activities. (Please note that there is a film trailer at the end of the videocassette entitled "Lynch: The Yakuza Torture" which features a short scene of explicit sex, including flickers of whipping, constituting sex with pain, but it is my opinion that this is not sufficient reason to deem this item to obscene.)

            [deleted]

            The two released videocassettes will now be forwarded from our office to the Customs port of entry, the Toronto Customs Mail Centre. Upon the collection of any applicable duties and taxes, the goods will be released to you. Please contact the Customs port of entry at (905) 625-7615 to make the appropriate arrangements.

            As per your request dated March 19, 2001, copies of all of the material held on your file in respect of this matter at that time were forwarded to your Member of Parliament, the Honourable Jim Peterson. Without your express permission, we are unable to advise him of the outcome of this re-determination. If you would like me to advise Mr. Peterson of the results of my review, please forward your request, in writing, and I will send him a copy of my letter without delay.

            If you have any questions regarding this case, please contact the Customs Disputes office at (613) 946-1507 or by fax at (613) 957-4653.

 

            Sincerely,

 

            Anne Kline
            Senior Program Advisor
            Customs Disputes
            Prohibited Importations Unit

 

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