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BI-NATIONAL PANEL REVIEW PURSUANT TO THE
NORTH
AMERICAN FREE TRADE AGREEMENT
ARTICLE 1904
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In the matter of:
Certain
top-mount electric refrigerators, electric household dishwashers, and gas
or electric laundry dryers, originating in or exported from the United
States of America and produced by, or on behalf of White Consolidated
Industries, Inc. and Whirlpool Corporation, their respective affiliates,
successors and assigns |
Secretariat File No.:
CDA-USA-2000-1904-03 |
DECISION OF THE PANEL
ON
REVIEW OF THE FINAL DETERMINATION
OF THE COMMISSIONER OF CUSTOMS AND REVENUE |
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April 15, 2002 |
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Before: |
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Prof. William P. Alford, |
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Mr. Serge Anissimoff (Chair), |
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Prof. Peter L. Fitzgerald, |
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Mr. Anthony L. Halliday, and |
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Mr. Paul C. LaBarge |
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Hearing:
January 15
and 16, 2002, Ottawa, Ontario, Canada |
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Appearances: |
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On On behalf of Camco Inc.: |
Mr. Riyaz Dattu
Mr. John W. Boscariol |
On behalf of Whirlpool Corporation and
Inglis Limited: |
Mr. C. J. Michael Flavell, Q.C.
Mr. Geoffrey C. Kubrick |
On behalf of WCI Canada Inc. and
White Consolidated Industries Inc.: |
Mr. Darrel H. Pearson |
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On behalf of the Commissioner of Customs and
Revenue: |
Mr. F.B. Woyiwada |
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On behalf of Maytag Corporation:
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Mr. Richard G. Dearden |
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TABLE OF CONTENTS
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I. |
INTRODUCTION |
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II. |
ADMINISTRATIVE HISTORY AND
PANEL PROCEEDINGS |
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III. |
STANDARD OF REVIEW |
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a |
Issues of
Jurisdiction |
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b |
Issues of
Law |
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c |
Issues of Fact |
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IV. |
THE COMPLAINT OF CAMCO INC. |
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a |
Determination of Amount for Profit Under
Section 25 of the SIMA |
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b |
Calculation of Normal Values for Subject
Goods Exported by WCI on the Basis of “Multipliers” |
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c |
Deduction of Warehousing Expenses in
Calculation of Normal Values for WCI’s Exports and Subject Goods |
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d |
Failure to Account for Differences in
Conditions of Sale as Required by Paragraph 5(d) of the SIMR |
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e |
Deduction of an Amount for Profit in the
Calculation of Whirlpool’s Export Prices |
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f |
Conclusion |
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V. |
THE COMPLAINT OF WHIRLPOOL CORPORATION AND
INGLIS LIMITED |
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a |
Issue Estoppel, Abuse of Process, Mootness
and Standing |
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b |
The Targeting Issue -- Scope of the
Investigation, Improper Targeting and Abdication of Investigative
Responsibility |
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c |
The Scope of the Investigation, Definition of
Subject Goods |
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d |
Selective Use of Different Methodologies for
the Determination of Export Price |
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e |
Reasonableness of Amounts for Profit in
Calculation of Normal Value |
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f |
Consideration of Inappropriate Costs in
Calculating Export Prices under Section 25 of SIMA. |
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g |
Consideration of Undumped Goods – the
“Zeroing Issue” |
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h |
Conclusion |
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VI. |
DECISION OF THE PANEL |
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