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Canada Dairy TRQ Allocation Measures, final panel report CDA-USA-2021-31-010
Published by USMCA dispute settlement panel on December 20, 2021.
December 20, 2021 USMCA panel: Canada's processor-only reservation of dairy TRQ pools was inconsistent with Article 3.A.2.11(b).
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… Whether Canada’s chosen allocation mechanism allows shipments to be made in “commercially viable” quantities under Article 3.A.2.11(c). 49 --- <!-- page 53 --> The Panel therefore lacks the jurisdiction to entertain this claim. V. The Panel’s Findings For the reasons set forth above, the Panel finds that Canada’s practice of reserving TRQ pools exclusively for the use of processors is inconsistent with Canada’s commitment in Article 3.A.2.11(b) of the Treaty not to “limit access to an allocation to processors.” The Panel makes no findings on the remainder of the Parties’ arguments. 50
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- Canada's counter-tariffs on C$27.6 billion (about US$20 billion) of U.S. goods took effect September 8 · cited for the 2021 panel finding that processor-only dairy TRQ pools were inconsistent with USMCA
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