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- Weil, Gotshal & Manges LLP
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- Government of Canada Softwood Lumber Litigation Until the entry into force of the Softwood Lumber Agreement described above, the International Trade Group represented the Government of Canada and led the multi-firm defense team representing all Canadian interests in Softwood Lumber IV -- one of the largest, most complex, and most political international trade disputes in history, involving over $5.5 billion in duties and $6 billion in annual Canadian exports. Although most of the 50-plus proceedings came to a close shortly after the SLA took effect, critical litigation continued. In particular, the US Government and the petitioners sought to vacate the judgment and decision of a three-judge panel of the US Court of International Trade, in which the Court unanimously ruled that the antidumping and countervailing orders on softwood lumber had to be revoked ab initio and all duties refunded ,and confirmed that NAFTA binational panel review invalidating an order will lead to the same complete relief as review before US courts. While the Court of International Trade (CIT) vacated the judgment in light of the SLA 2006 and the resulting refund of duties, in an important victory for Canada, the Court refused to vacate its decision interpreting US law to require that NAFTA panel review be given full effect. The US Government’s and petitioners’ appeals of the CIT judgment to the Court of Appeals for the Federal Circuit (CAFC) were subsequently dismissed. more
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