Case Study

Pork from Canada

Case Name and tribunal

Fresh, chilled, or Frozen pork from Canada (ECC, 1991)

Facts

In 1990, the US International trade Commission found that the US domestic pork industry was threatened with material injury from imports of fresh, chilled, or frozen pork from Canada. In reviewing the decision of the U.S. International Trade Commission, the binational panel remanded the decision to the ITC with instructions to re-determine the matter. The panel had determined that the ITC erred in reviewing evidence outside the scope of what it ought to have reviewed.

Issue

Did the binational panel seriously depart from a fundamental rule of procedure or manifestly exceed its powers, authority or jurisdiction in instructing the ITC to re-determine the matter with a reduction in the evidence it should consider ?

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