Australian Meat & Live-stock Corp. v. Canada ( International Trade Tribunal )
A-356-93
Desjardins J.A.
9/9/93
11 pp.
Application to quash inquiry and report of Canadian International Trade Tribunal on importation of boneless beef originating in countries other than U.S.-Governor in Council directing tribunal by order in council, pursuant to Canadian International Trade Tribunal Act (CITTA), s. 20, to report on whether imports of beef from countries other than the U.S. causing or threatening to cause serious injury to Canadian producers of like or directly competitive products-Tribunal believing record high levels of imported boneless beef would lead to reduction in market share of domestic slaughterers and boners and to suppression of prices for fresh domestic boneless beef leading to reduction in demand for domestic cattle-Finding no serious injury to Canadian producers of like or directly competitive products, but significant increase in imports of boneless beef from countries other than U.S. from February to April 1993 would threaten to cause serious injury to Canadian producers of like or directly competitive products-Recommended tariff rate quota import of boneless beef from countries other than U.S. for three years and quantitative restriction on imports of boneless beef on countries other than U.S.-Applicants contending (1) Tribunal required to consider most substantial source of importation, U.S., as safeguard inquiry under s. 20 bringing into operation CITTA, s. 20.1(3); (2) Tribunal failed to acknowledge goods imported into Canada from sources other than U.S. then being exported from Canada to U.S.; (3) Tribunal failed to consider proper evidence-Application dismissed-(1) Tribunal not exceeding jurisdiction by excluding from its consideration whether imports of boneless beef from U.S., together with all other sources of imports, such as to cause or threaten to cause serious injury to Canadian producers-Tribunal under mandatory duty, imposed by statute, to conduct its inquiry in accordance with terms of reference established by Governor in Council-S. 20.1 only applying if Tribunal called upon to make finding as to goods originating in U.S. and goods of same kind originating in other countries-Since Governor in Council specifically excluded goods imported from U.S., s. 20.1 could not apply-(2) Tribunal did consider export of imported beef to U.S.-(3) Tribunal made reasonable forecast of situation based on analysis before it-Not open to Court to review Tribunal's assessment-Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, ss. 18, 19, 19.1 (as enacted by S.C. 1988, c. 65, s. 52), 20, 20.1 (as enacted idem, s. 53), 21 (as am. idem, s. 54), 22 (as am. idem, s. 55), 23 (as am. idem, s. 56), 24, 25, 26 (as am. idem, s. 57), 27 (as am. idem, s. 58), 28, 29, 30-Customs Tariff, R.S.C., 1985 (3rd Supp.), c. 41, s. 60(1.2) (as enacted by S.C. 1988, c. 65, s. 96)-Export and Import Permits Act, R.S.C., 1985, c. E-19, s. 5(4.1) (as enacted by S.C. 1988, c. 65, s. 117)-Meat Import Act, R.S.C., 1985, c. M-3-Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65-Canada-United States Free Trade Agreement, [1989] C.T.S. No. 3, signed January 2, 1988-Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).