J.D. Irving Unable to Get Around Antidumping Procedures

By Bernie Pazanowski
Bloomberg Law
October 10, 2024
Category: Business & Politics
Region: Canada, Canada East

  • Wanted to have suit heard in US Court of International Trade
  • Should have sought administrative review in binational panel

The US Court of International Trade properly dismissed the challenge by a Canadian lumber producer to an antidumping duty imposed by the US Department of Commerce, the Federal Circuit said Thursday. JD Irving Ltd. can’t make an end run around the procedures established in the US-Mexico-Canada Agreement for disputing antidumping duties between the three countries, Judge Kara F. Stoll said. Under the USMCA, judicial review of final antidumping determinations is replaced by a binational panel review, Stoll said. A decision by the panel is final and not subject to judicial review, she said. [to access the full story a Bloomberg Law subscription is required]

 

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