NAFTA Panel Dismisses Appeal of Earlier Antidumping Decision on U.S. Hams

NAFTA Panel Dismisses Appeal of Earlier Antidumping Decision on U.S. Hams

On Dec. 5, a North American Free Trade Agreement (NAFTA) panel dismissed an appeal by the Mexican Pork Producers Council (CMP) of an earlier decision by Mexico’s Secretary of Economy (Economia) not to pursue an antidumping investigation of U.S. ham imports to Mexico.

USMEF, the American Meat Institute, the American Pork Export Trading Company and the National Pork Producers Council defended the U.S. industry, arguing that the NAFTA appeal should be dismissed because CMP did not have the legal standing to appeal Economia’s decision.

The NAFTA panel also refused to hear arguments put forth by several individual U.S. producers with respect to their dumping margin calculation in the investigation. The panel reasoned that these producers had suffered no harm because Economia terminated the investigation without imposing any duties.

There are still two other challenges filed by Mexican producers pending in the Mexican courts. These cases involve Economia’s decision not to reconsider its termination of the investigation. The courts are expected to issue a decision in those cases in 2009.

NAFTA Panel Dismisses Appeal of Earlier Antidumping Decision on U.S. Hams

On Dec. 5, a North American Free Trade Agreement (NAFTA) panel dismissed an appeal by the Mexican Pork Producers Council (CMP) of an earlier decision by Mexico’s Secretary of Economy (Economia) not to pursue an antidumping investigation of U.S. ham imports to Mexico.

USMEF, the American Meat Institute, the American Pork Export Trading Company and the National Pork Producers Council defended the U.S. industry, arguing that the NAFTA appeal should be dismissed because CMP did not have the legal standing to appeal Economia’s decision.

The NAFTA panel also refused to hear arguments put forth by several individual U.S. producers with respect to their dumping margin calculation in the investigation. The panel reasoned that these producers had suffered no harm because Economia terminated the investigation without imposing any duties.

There are still two other challenges filed by Mexican producers pending in the Mexican courts. These cases involve Economia’s decision not to reconsider its termination of the investigation. The courts are expected to issue a decision in those cases in 2009.