Corn Growers Case: High Deference To Trade Tribunal´s Expertise

On June 5, 2007, the Federal Court of Appeal refused to interfere with a decision of the Canadian International Trade Tribunal (CITT) and, in so doing, recognized a high degree of deference toward the CITT in dealing with complaints of injury caused by subsidized and dumped imports.

The case originated in allegations by Canadian corn producers to the Canadian Border Services Agency that dumped and subsidized U.S. corn was causing injury to the domestic corn production industry in Canada. At the CITT hearing that followed, those allegations were denied by various parties, including food and beverage manufacturers, ethanol producers, Canadian pig farmers and other consumers of U.S. corn. Following a fact-intensive hearing, the CITT determined that the allegations of injury had not been proven. More particularly, the CITT