HOME

 

RE-DETERMINATION:

P.I.U. File No. 3730-2/64T-2980

 

 

Material detained on Monday April 7, 2003.
Material seized on Monday April 14, 2003.
Material seized by Compliance Verification Officer (CVO) # 19336.
Appeal filed on Monday July 7, 2003.
Appeal judgement issued on Wednesday August 6, 2003.

 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *


Customs Disputes
Prohibited Importations Unit
5th Floor, 150 Isabella Street
Ottawa, ON K1A 0L5

 

File # : CD00267
TRS #: F-247633

 

[deleted]

 

August 6, 2003

 

Re: Dispute of Determination (Reference Number 3730-2/64T-2980)
Three (3) Videocassettes

 

Dear [deleted]:

            As requested, in your letter received in our offices July 7, 2003, we have now completed a re-determination of the decision made on the above-mentioned goods.

            The original determination has been reviewed, in full, in accordance with Section 60 of the Customs Act, and it has been decided that the videocassette, entitled Urination, does not fall within the provisions of Customs Tariff Item 9899.00.00. Its importation into Canada is therefore acceptable.

            Please note that this film was found to include neither depictions nor descriptions of sex with degradation (urination onto another person), as had been indicated as the original reason for prohibition. Please accept our apologies for this error in classification.

            Further, the videocassettes entitled The Fist & L’école du Fist and Red Hot Wife are also being allowed entry into Canada.

            The material is now being 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. If you have any questions, please contact the Customs port of entry at (905) 625-7615, as they will be making the appropriate arrangements. Your evidential tapes are also being returned to you, under separate cover.

            In response to your comment about the availability of similar material in Canada, the Canada Customs and Revenue Agency (CCRA) is mandated to prohibit obscene material at the time of importation only. Canadian goods exported and then returning to Canada constitute an importation. Please note that the evaluation of material which has already entered into Canada, or which has been produced in Canada, is the responsibility of the provincial attorney-generals, each within their own jurisdiction. While working closely with these and other officials, including the provincial film classification boards, the CCRA determines the admissibility of material entering into Canada in accordance with federal legislation and court jurisprudence.

            In closing, thank you for your lengthy correspondence. It was a very interesting read.

            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
            Customs Branch

 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *