Preliminary Injury Inquiry No.: PI-2000-003
15 January 2001
Preliminary Injury Inquiry No.: PI-2000-003
In the matter of a preliminary injury inquiry under section 34(2) of the Special Import Measures Act respecting hot-rolled deformed carbon or low alloy steel concrete reinforcing bar in straight lengths or coils, originating in or exported from the Republic of Indonesia, Japan, the Republic of Latvia, the Republic of Moldova, the Republic of Poland, Chinese Taipei and Ukraine;
and in the matter of a notice of motion by Stelco Inc. on November 22, 2000, supported by Ispat Sidbec Inc. and Co-Steel Inc., for an order refusing access to the confidential record in the above-noted proceedings to William J. Clinton of White & Case, Washington, D.C., or to any person who is not ordinarily a resident in Canada.
ORDER OF THE TRIBUNAL
Whereas, information designated confidential has been filed with the Canadian International Trade Tribunal (the Tribunal) in the above-noted proceedings;
Whereas, JV CJSC Moldova Steel Works filed a notice of appearance with the Tribunal on November 17, 2000, and is represented by Mr. Richard Gottlieb of Gottlieb & Pearson, Montreal, Quebec, and Mr. William J. Clinton of White & Case, Washington, D.C.;
Whereas, Mr. Clinton is a person who is not ordinarily a resident of Canada;
Whereas, on November 17, 2000, Mr. Clinton filed a declaration and undertaking with the Tribunal for access to the confidential information in the record of the above-noted proceedings in accordance with subsection 45(3) of the Canadian International Trade Tribunal Act;
And whereas, the Tribunal, under subsection 45(3) of the Canadian International Trade Tribunal Act, may disclose confidential information filed pursuant to subsection 46(1) to counsel for any party to those proceedings or to other proceedings arising out of those proceedings, for use by counsel only in those proceedings, subject to any conditions that the Tribunal considers reasonably necessary or desirable;
And upon consideration of the submissions received;
THE TRIBUNAL DISMISSES THE MOTION AND ORDERS:
That Mr. Clinton be granted access to the confidential record in these proceedings and in other proceedings arising out of those proceedings, subject to the terms and conditions contained in the declaration and undertaking attached as Annex I to this order and to the further condition that Canadian resident counsel, Mr. Gottlieb, agree to be responsible for Mr. Clinton's actions with respect to the use and treatment of the confidential information.
This document is available on the CITT web site, at the following address:
http://www.citt.gc.ca/dumping/Preinq/Orders/pi2a03ae/pi2a03ae.htm