How does the NAFTA injury case affect this whole duty process?
It has a huge impact on the case. The U.S. lost the injury case before a NAFTA panel, and has now asked for an Extraordinary Challenge Committee to overturn the NAFTA ruling. If the U.S. loses the injury case before the ECC, it cannot legally collect either the countervailing or anti-dumping duties. A decision from the ECC is scheduled for March 9, 2005, but the panel of three former judges has not yet been selected. Each country will have one panelist seated, and whether the third is from Canada or the U.S. will be determined by the luck of the draw. The decision from the ECC is final and cannot be appealed.
