| | SICE -NAFTA Panel USA-98-1904-01 |
 | | The CITT, in accordance with SIMA subsection 43(1.1), and pursuant to subsection 43(1), found that dumping in Canada of certain prepared baby food (the “Subject Goods”) originating in or exported from the United States has caused material injury to the domestic industry. |
 | | The Commissioner and Gerber alleged that the CITT made a number of causation-related errors in reaching its conclusion that dumping caused material injury to Heinz, including that the CITT failed to consider the full cumulative impact of non-dumping factors, such as the overall reduction in demand. |
 | | The proposition before the Panel now is that the CITT’s interpretation of this language contravenes Canada’s international obligations, that this reveals a latent ambiguity in section 42 and that the CITT, in issuing its decision, acted without jurisdiction or did so on the basis of a patently unreasonable interpretation of the provision. |
| www.sice.oas.org /dispute/nafta/english/ca98010e.asp (4267 words) |