On June 2, 2021, the Canadian International Trade Tribunal released an order and reasons in favour of Farris’ client, the British Columbia Vegetable Marketing Commission (BCVMC). The Tribunal continued a Special Import Measures Act order concerning the dumping of certain whole potatoes during parts of the year from the United States into British Columbia. The order helps protect the British Columbia potato industry from injury caused by the selling of imported potatoes at below their cost of production.
Robert J. McDonell and Erica C. Miller, represented the BCVMC, a commission empowered to regulate the production and marketing of potatoes in British Columbia, which sought the continuation of the order. Following a file hearing based on written submissions, the Tribunal granted the relief sought by the BCVMC. The Tribunal found that British Columbia remains highly subject to the prices and production levels of potatoes in the United States, and remains a natural outlet for United States potatoes due to proximity and established supply chains. Despite the uncertainty introduced by the onset of the COVID-19 pandemic, impacts on the potato industry were likely to be transitory, and would not likely result in decreased United States production, exports, or prices. The Tribunal therefore continued the order, concluding that, in the absence of the order, dumping would likely resume or continue, causing material injury to potato production in British Columbia.
A copy of the order can be found here.