Pursuant to subsection 61(1.1) a scope ruling may be appealed to the CITT by any interested person, which for these purposes is defined in subsection 52.3 of the Special Import Measures Regulations (SIMR). The notice of appeal must be filed in writing with the CBSA and the CITT within 90 days of the date the scope ruling was made. A decision made by the CITT may be further appealed to the FCA.

Review of Scope Ruling

The CBSA will review scope rulings to give effect to a decision of the CITT, FCA, or SCC and may also review scope rulings in the following circumstances:

         - an order or finding is issued by the CITT with respect to goods of the same description as goods to which the ruling applies except that those goods originate in, or are exported from, a country that is different from a subject country in the ruling;

          - the CITT, FCA, or binational panel makes a decision that relates to the subject matter addressed in the scope ruling;

          - the CBSA makes a decision setting out a finding of circumvention that impacts the scope ruling;

          - the ruling was based on erroneous information; and

          - there has been a material change in circumstances since the ruling was made.

The review of a scope ruling will result in a confirmation, amendment or revocation of the scope ruling. However, the process by which the decision is made will vary depending on the circumstances under which the review is initiated.

Source: Canada Border Services Agency