After a Complaint was filed by Camco Inc., of Mississauga, Ontario, the largest Canadian manufacturer of home appliances, the Canada Customs and Revenue Agency (CCRA) issued a preliminary determination on April 3, 2000, finding that certain refrigerators, dishwashers and dryers made in the US by Whirlpool Corporation and White Consolidated Industries, Inc. (Frigidaire), had been dumped into Canada.
On April 7, 2000, Whirlpool filed an application for judicial review with the Trial Division of the Federal Court of Canada seeking to quash the CCRA’s preliminary determination and a motion for a temporary stay of the provisional duties imposed as a result. The Federal Court of Canada ruled on June 20, 2000, that Whirlpool’s motion for interim relief presented no serious issue to be tried. As a result, the CCRA continued its investigation and, on June 30, 2000, issued its final determination of dumping. On August 11, 2000, Whirlpool filed a Request for Panel Review of the CCRA’s final determination of dumping which is scheduled to be heard by a NAFTA Binational Panel in March of 2001.
On June 26 through 30, and on July 4 and 5, 2000, the Canadian International Trade Tribunal (CITT) held a public inquiry to determine whether the dumping had caused injury to Camco. On August 1, 2000, the CITT ruled in favour of Camco, finding that the dumping had caused injury to the Canadian domestic industry, such that anti-dumping duties are to be applied to those imports for a period of five years in accordance with the Special Import Measures Act. In addition to the NAFTA Binational Panel Review of the CCRA’s dumping determination, Whirlpool filed a Request for Panel Review of the CITT’s injury finding, which is scheduled to be heard in May of 2001.
On issuing its injury finding on August 1, 2000, the CITT advised the parties that it would accept submissions on the question of whether the CITT should advise the Minister of Finance that it would not be in the public interest for the full amount of anti-dumping duties to be applied against Whirlpool and Frigidaire. On October 3, 2000, the CITT issued its decision in favour of Camco, ruling that in light of conditions in the Canadian market for home appliances, there was no public interest issue that warranted a public interest investigation.
During these proceedings, McCarthy Tétrault’s Trade Law Group in Toronto, with a team comprised of Riyaz Dattu, John W. Boscariol, Alejandra C. Flah, and Geoff R. Hall, represented Camco Inc. Richard G. Dearden, of Gowling Lafleur Henderson’s Ottawa office represented Maytag Canada. Flavell Kubrick, with C.J. Michael Flavell, Q.C., Geoffrey C. Kubrick, Martin G. Masse and Christopher J. Kent acted for Whirlpool Corporation and Inglis Limited. Richard S. Gottlieb, Darrel H. Pearson, J. Peter Jarosz, Jesse I. Goldman, and Jeffery D. Jenkins, of Gottlieb & Pearson, acted for White Consolidated Industries, Inc. and WCI Canada Inc. François B. Côté, Q.C. and Duane E. Schippers acted for the Commissioner of Competition and Dalton J. Albrecht, of McMillan Binch’s Toronto office, acted for Sears Canada Inc.