NAFTA Upholds CCRA Dumping Decision

On April 15, 2002, a NAFTA Binational Panel unanimously upheld the Canada Customs and Revenue Agency (CCRA) decision made on June 30, 2000, of a final determination of dumping with respect to refrigerators, dishwashers and dryers exported from the U.S. made by Whirlpool Corporation and White Consolidated Industries Inc. The panel determined that a remand was unnecessary on any of the challenges to the CCRA’s findings. The CCRA’s proceedings stemmed from an anti-dumping complaint filed in October 1999 by Mississauga, Ontario-based Camco Inc., the largest Canadian manufacturer of home appliances. As a result of the CCRA’s findings, in combination with the Canadian International Trade Tribunal’s finding of injury, anti-dumping duties are applied to these products for a period of at least five years.
Camco was represented by McCarthy Tétrault LLP, with a team comprised of Riyaz Dattu, John Boscariol and Orlando Silva. Richard Dearden of Gowling Lafleur Henderson LLP in Ottawa acted for Maytag Corporation. C.J. Michael Flavell, Q.C., and Geoffrey Kubrick of Flavell Kubrick LLP acted for Whirlpool and Inglis Limited. Darrel Pearson of Gottlieb & Pearson represented White Consolidated and WCI Canada Inc. Frederick Woyiwada, Justice Canada, appeared for the CCRA.