NAFTA Confirms CCRA Decision on Contrast Media

A NAFTA Binational Panel upheld, on September 29, 2003, the final determination of dumping made by the Commissioner of the Canada Customs and Revenue Agency (CCRA) in respect of certain iodinated contrast media from the US. The panel had previously remanded the decision twice for additional clarification. 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.

The Canadian respondent, Tyco Healthcare Canada, Inc., was represented by C.J. Michael Flavell, QC, and Geoffrey Kubrick of Flavell Kubrick LLP in Ottawa. The CCRA was represented by Michael Roach and Michael Ciavaglia of the Department of Justice. The complainants, Bracco Diagnostics Canada Inc. and Bracco Diagnostics Inc., were represented by Dean Peroff of Amsterdam & Peroff in Toronto; and Nycomed Amersham Canada Ltd. and Nycomed Inc., were represented by Lawrence Herman of Cassels Brock & Blackwell LLP.