Trade Remedies: Federal Court of Appeal narrows scope for injury, part one

By Andrew M. Lanouette and Jan M. Nitoslawski ( September 13, 2023, 11:30 AM EDT) -- The Federal Court of Appeal recently published the decision in Canadian Hardwood Plywood and Veneer Association v. Canada (Attorney General), 2023 FCA 154. This decision upheld the Canadian International Trade Tribunal’s (“CITT” or “Tribunal”) approach to several aspects of the injury analysis in trade remedies proceedings under the Special Import Measures Act (SIMA). The court upheld the CITT’s decision that there was no injury and no threat of injury in a case brought by Canadian producers of decorative and non-structural plywood. It confirmed a narrower approach to both past injury and the threat of injury analysis in SIMA proceedings....
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