June 4, 1954

PC

Carl Olof Nickle

Progressive Conservative

Mr. Nickle:

Mr. Chairman, actually what I am asking for would not involve a great deal of work. There are a very limited number of items, certain textiles, refrigerators and a few other miscellaneous items, against which the anti-dumping legislation has been applied since it was passed a few months ago. Surely, sir, it would be possible to list in very simple form the particular items, refrigerators, textiles and the rest, against which this legislation has been applied. List them by item, volume and prices, and then wind up with a statement of increases dollar-wise in duties which have been applied in an effort to protect the Canadian manufacturers, presumably, against those foreign imports.

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LIB

James Joseph McCann (Minister of National Revenue)

Liberal

Mr. McCann:

We shall take note of the hon. gentleman's question and try to give him some information with reference to the query he has made. Perhaps it might satisfy him if we gave him typical examples rather than all the invoices and all the types of goods. I think what he wants is something to indicate what has been the general increase as a result of the policy which was adopted a few months ago.

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PC

Carl Olof Nickle

Progressive Conservative

Mr. Nickle:

That is right, sir. Could the minister not give us the information say on one particular type of refrigerator, any one, his choice, from the list he has there showing the duty?

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LIB

James Joseph McCann (Minister of National Revenue)

Liberal

Mr. McCann:

I am afraid I have not that information with me.

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PC

Carl Olof Nickle

Progressive Conservative

Mr. Nickle:

Is there not another item against which the legislation has been applied on which the minister could give us information as to invoice price, appraised price for duty purposes and the increase in duty that has resulted?

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PC

James MacKerras Macdonnell

Progressive Conservative

Mr. Macdonnell:

Before the minister answers may I add a word? I myself was going to ask for something of that kind, because it seems to me that the figures we have now do not really carry conviction with them. It is reassuring to a point to take the December figures and the present figures and to infer from them that a lesson has been learned. It seems to me that if the minister could suggest one or two items in which we could have a comparison running back it would help. I should like to see a comparison not merely with the first four months of 1954 and December last, but with the first four months of 1954 perhaps with similar months of 1953. In any event, perhaps the minister and his officials can suggest some way in which this comparison could be made effective without all that work which I am sure none of us wishes to cause.

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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

I should like to ask a few questions about mixed fruit. I am still one of those simple souls who thinks that mixed fruit is mixed fruit and not peaches. That seems to have been the source of considerable argument, and I do not suppose the argument is over yet. I raise the matter because there are still one or two questions that I want to ask directly on the issue as to whether mixed fruit is peaches or not; also I want to question the way in which the Department of National Revenue is dealing with matters that come before the tariff board where the Department of National Revenue is involved. I recognize that the tariff board comes under the Minister of Finance, but my interest is not in the administration of the tariff board, but rather in the nature of the recommendations made to the tariff board by the Department of National Revenue.

Perhaps I might take just a moment to put on the record what has been the issue in respect of this question as to whether

mixed fruit is peaches or not. As I understand it, there are in the Customs Tariff several items which fix the rate of duty on peaches and on one or two other items of fruit. In all cases these are tins of fruit. Then there is the n.o.p. item, "not otherwise provided". It appears-

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LIB

James Joseph McCann (Minister of National Revenue)

Liberal

Mr. McCann:

Mr. Chairman, on a point of order, does the hon. gentleman think this matter ought to be discussed now when it is still before the court?

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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

I would be interested to know if it is before the court.

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LIB
CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

In what way?

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LIB

James Joseph McCann (Minister of National Revenue)

Liberal

Mr. McCann:

It is still before the Exchequer Court, in that we have the right to make our appeal. Our appeal, if any, has not been heard at all. As far as the department goes, the importers made an appeal, and there was a judgment of the president of the Exchequer Court; but the department has the right to appeal, and that has not yet been heard.

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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

At the moment I am seeking information; I am not arguing.

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LIB
CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

Let us get this straight. As I understand it, there was an appeal from the tariff board to the Exchequer Court of Canada. The Exchequer Court issued its decision, in effect confirpning the decision of the tariff board. I do not know that there has yet been an appeal from the Exchequer Court ruling to the Supreme Court.

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LIB

James Joseph McCann (Minister of National Revenue)

Liberal

Mr. McCann:

No, there has not been; there has been an appeal from the decision of the tariff board to the Exchequer Court by the department. Do not forget there are two parties to an action that comes before the tariff board. Here were the Department of National Revenue and the importer, and the tariff board gave a decision. The importers made an appeal to the Exchequer Court. That appeal has been dealt with. The Department of National Revenue has the right to make an appeal to the Exchequer Court.

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LIB

William Alfred Robinson (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The Chairman:

Order.

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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

May I add a word?

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LIB

William Alfred Robinson (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The Chairman:

Order.

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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

On the point of order; there are several lawyers around, including yourself, Mr. Chairman, and I would like to know what the situation is when a court has made a decision and no further appeal has been made. Is such a matter sub judice?

Supply-National Revenue

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June 4, 1954