LEGAL ASPECTS OF INTERNATIONAL TRADE
Facts
In 1990, the US
International trade Commission found that the US domestic pork industry was
threatened with material injury from imports of fresh, chilled, or frozen pork
from Canada. In reviewing the decision of the U.S. International Trade
Commission, the binational panel remanded the decision to the ITC with
instructions to re-determine the matter. The panel had determined that the ITC
erred in reviewing evidence outside the scope of what it ought to have
reviewed.
Issue
Did the binational panel
seriously depart from a fundamental rule of procedure or manifestly exceed its
powers, authority or jurisdiction in instructing the ITC to re-determine the
matter with a reduction in the evidence it should consider ?
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