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International Trade committee No. There's nothing here that's going to take five years. You're looking at 12 months from July 3 at the latest.
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Can I guarantee you that I'm a sitting judge in the court of appeals for the federal circuit and will write the decision? No, this I can't guarantee you. But I can guarantee you that under the current terms drafted, chapter 19 will not exist seven years from now when you start Lu
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee May I point out that no trade case, but one—the Zenith case—has ever gone to the Supreme Court of the United States. We can develop all the scenarios we like; it's possible to conjure anything imaginable, but the realities reside in the history and experience and precedents of th
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Mr. Chairman, if I may, this insult has been rendered in the press a great deal with respect to lawyers, and I would ask for privilege to respond. The lawyers in this case have done what their clients have asked, and they've done it successfully, and Canada should be grateful fo
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee The industry has to be able to show injury. It's now facing the determination that there is no injury and no threat of injury, and it has to be able to look back over a three-year period in order to demonstrate injury, so it is reasonable to anticipate that no petition could conc
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee As I indicated earlier, the first question really must be with respect to the countervailing duty order, because the panel proceeding and the ECC proceeding should conclude in August. There is no appeal from that. There are no other proceedings from that, so the countervailing du
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee I think, if I may, Monsieur Paquette--
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee The constitutional challenge has nothing whatsoever to do with the countervailing duty order. It arises out of the case on injury and therefore can't impact it.
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee There's no appeal with respect to the countervailing duty order. It's not available, not possible. That comes to a conclusion in August if the ECC were proceeding, instead of being suspended by the two governments illegally. As to the section 129 case--
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Yes, that's right, and you asked me about both the countervailing duty order and the anti-dumping order. My answer to you is that the countervailing duty order is subject to the NAFTA proceeding--
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee And I'm about to--
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Yes, and my answer to you was that the Court of International Trade will give us a decision no later than July 3 under Judge Restani's 90-day rule. Then you asked me just now as to the U.S. Court of Appeals for the Federal Circuit appeal. That is typically no more than 12 months
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Thank you.
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee Thank you, Mr. Chair. The first question is complicated and I'll try to give you a very abbreviated answer. The $3 billion refers roughly to the accumulation of deposits between the time the money started to be collected and the time we got a final decision and notice of final
May 31st, 2006Committee meeting
Dr. Elliot Feldman
International Trade committee I'd like to answer with a couple of quite specific examples. We get no warning when the next document is going to be in play. Over the weekend we received the U.S. draft. Monday night we received the annexes. We were told to have our analysis in by yesterday at noon We were giv
May 31st, 2006Committee meeting
Dr. Elliot Feldman