The chicanery and methodological hijinks on display in that proceeding – discussed in some detail here – is almost certain to generate exceptionally high antidumping duty assessments from Commerce. The premise behind Chapter 19 (which originated as a Canadian demand in the Canada-U.S. Free Trade Agreement before becoming enshrined in NAFTA) is that the U.S. courts overseeing trade matters are unjust and treat foreign interests unfairly. When the plaintiff is the foreign interest (foreign producer or exporter), the CIT agrees on 47.2 percent of the issues. Those figures, which indicate that foreign industry plaintiffs have a slightly higher success rate than U.S. industry plaintiffs, are based on the most recent 18 months of cases. The U.S. courts have been a bulwark against administrative overreach in AD and CVD cases.

Source: Forbes September 27, 2017 18:56 UTC