In an article on September 13, 2018, in International Trade Today, Jeff Weiss provided insights on Chapter 19, which allows Canada to challenge antidumping cases outside U.S. courts.
Mr. Weiss said he thinks the U.S. trade representative is highly motivated to dismantle Chapter 19. "I do think there is a compromise there, but I don't think either side will propose it."
The way Chapter 19 works is that a binational panel is formed to evaluate the antidumping and countervailing duties actions, and there's a coin flip to whether there will be three Canadians and two Americans or vice versa.
He described USTR's view of the panels. "If it's the same standard of review [as the Court of International Trade], why do you need nationals of your own country?" But Weiss said he thinks the sovereignty issues could be eased somewhat if appeals of the binational panel’s rulings went to the appellate court in the host country instead of to an Extraordinary Challenge Committee.