NAFTA Binational Panel Upholds CITT's Dumping Decision

On January 16, 2002, a NAFTA Binational Panel unanimously upheld the Canadian International Trade Tribunal’s (CITT) decision made on August 1, 2000, that the dumping of refrigerators, dishwashers and dryers exported from the U.S. made by Whirlpool Corporation and White Consolidated Industries Inc. had caused injury to the Canadian domestic industry. The panel therefore determined that a remand was unnecessary on any of the challenges to CITT’s findings. CITT’s proceedings stemmed from an anti-dumping complaint filed in October 1999 by Camco Inc. of Mississauga, Ontario, the largest Canadian manufacturer of home appliances.

As a result of CITT’s findings, anti-dumping duties are applied to these products for a period of at least five years. Before arriving at its decision, the panel received written submissions and held a hearing in Ottawa on October 3, 2001.

Camco was represented in these proceedings by McCarthy Tétrault LLP, with a team comprised of Riyaz Dattu, John Boscariol and Orlando Silva (trade) in Toronto. Richard Dearden and Scott Little of Gowling Lafleur Henderson LLP in Ottawa, acted for Maytag Corporation. Flavell Kubrick LLP in Ottawa acted for Whirlpool and Inglis Limited, with a team that included C.J. Michael Flavell, Q.C., and Geoffrey Kubrick. Richard Gottlieb and Darrel Pearson of Gottlieb & Pearson in Montreal and Toronto, respectively, represented White Consolidated and WCI Canada Inc. Gerry Stobo of Borden Ladner Gervais LLP and Reagan Walker and Marie-France Dagenais, in-house counsel, appeared for CITT.