On January 8, 2003, a Binational Panel of North American Free Trade Agreement (NAFTA), convened under Chapter 19 and upheld a decision of the Canadian International Trade Tribunal that the dumping of certain iodinated contrast media from the U.S. into Canada was causing material injury to the Canadian industry. The panel held that the Tribunal is not required to consider positive export performance of a Canadian industry as a factor to offset or mitigate injury caused by dumping.
The Canadian respondent, Tyco Healthcare Canada Inc., was represented by C.J. Michael Flavell, Q.C., and Geoffrey Kubrick of Flavell Kubrick LLP. The Tribunal was represented by in-house counsel Michèle Hurteau and John Dodsworth. The complainants, Bracco Diagnostics Canada Inc. and Bracco Diagnostics Inc., were represented by Dean Peroff of Amsterdam & Peroff, and Nycomed Amersham Canada Ltd. and Nycomed Inc., were represented by Lawrence Herman of Cassels Brock & Blackwell LLP.
On that same day, the panel also released its decision with respect to the dumping determination made by the Commissioner of the Canada Customs and Revenue Agency (CCRA). The panel upheld the decision part and remanded in part. The remands requested that the CCRA provide express reasons why certain sales were rejected for use in the determination of market price-based normal values. The panel also requested that the CCRA explain what adjustments were made to normal values to achieve price comparability with export price.
On the dumping issue, the Canadian respondent Tyco Healthcare Canada was represented by C.J. Michael Flavell, Q.C., and Geoffrey Kubrick of Flavell Kubrick. The CCRA was represented by Michael Roach and Michael Ciavaglia of the Department of Justice. The complainants Bracco Diagnostics Canada and Bracco Diagnostics were represented by Dean Peroff of Amsterdam & Peroff, and Nycomed Amersham Canada and Nycomed were represented by Lawrence Herman of Cassels Brock & Blackwell.
The Canadian respondent, Tyco Healthcare Canada Inc., was represented by C.J. Michael Flavell, Q.C., and Geoffrey Kubrick of Flavell Kubrick LLP. The Tribunal was represented by in-house counsel Michèle Hurteau and John Dodsworth. The complainants, Bracco Diagnostics Canada Inc. and Bracco Diagnostics Inc., were represented by Dean Peroff of Amsterdam & Peroff, and Nycomed Amersham Canada Ltd. and Nycomed Inc., were represented by Lawrence Herman of Cassels Brock & Blackwell LLP.
On that same day, the panel also released its decision with respect to the dumping determination made by the Commissioner of the Canada Customs and Revenue Agency (CCRA). The panel upheld the decision part and remanded in part. The remands requested that the CCRA provide express reasons why certain sales were rejected for use in the determination of market price-based normal values. The panel also requested that the CCRA explain what adjustments were made to normal values to achieve price comparability with export price.
On the dumping issue, the Canadian respondent Tyco Healthcare Canada was represented by C.J. Michael Flavell, Q.C., and Geoffrey Kubrick of Flavell Kubrick. The CCRA was represented by Michael Roach and Michael Ciavaglia of the Department of Justice. The complainants Bracco Diagnostics Canada and Bracco Diagnostics were represented by Dean Peroff of Amsterdam & Peroff, and Nycomed Amersham Canada and Nycomed were represented by Lawrence Herman of Cassels Brock & Blackwell.
