Inquiries (Section 42)

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• ORDER OF THE TRIBUNAL

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Ottawa, Thursday, June 22, 2000

Inquiry No.: NQ-2000-001

IN THE MATTER OF an inquiry under section 42 of the Special Import Measures Act respecting the dumping in Canada of Certain Refrigerators, Dishwashers and Dryers Originating in or Exported from the United States of America.

AND IN THE MATTER OF a request from counsel for Inglis Limited for limited disclosure of confidential information to Ms. Kirsten Felling, an in-house counsel to Whirpool Corporation and Inglis Limited, and of a request from counsel for Camco Inc. for directions from the Tribunal governing the use of certain confidential information consented to be disclosed by Camco Inc.

ORDER OF THE TRIBUNAL

WHEREAS Camco Inc., pursuant to subsection 45(3) of the Canadian International Trade Tribunal Act, has consented to the disclosure of certain particulars relating to injury allegations which form part of its case in this matter, subject to directives from the Tribunal governing the use of such information;

WHEREAS the Tribunal recognizes that Ms. Felling and Inglis Limited have agreed to conditions specified by Camco Inc., which are part of the Tribunal's record;

AND WHEREAS the Tribunal is of the view that further directions may assist in expediting consideration of certain matters in this inquiry;

THE TRIBUNAL ORDERS THAT:

1. Counsel representing Inglis Limited must explain the terms of this order to Ms. Felling prior to her being disclosed any confidential information.

2. Counsel may disclose to Ms. Felling the name(s) of account, trade level, volume offered and sold, price offered and transaction price in respect of which Camco Inc. has made a specific allegations against Inglis Limited.

3. Ms. Felling to whom any such confidential information is disclosed:

(a) shall have access to the confidential information at the Mississauga office of Inglis Limited or at the law offices of Flavell Kubrick in Ottawa;

(b) shall not disclose, except to officials of Inglis Limited to whom limited disclosure has been authorized and to counsel for Inglis Limited, any of the confidential information to any person, including, without limiting the generality of the foregoing,

· to any third party, including to former, actual or prospective customers of Camco Inc., or

· by using the name(s) disclosed in any public response to any injury allegations;

(c) shall not use the confidential information, other than in and for the purpose of this inquiry;

(d) shall not reproduce in any manner, without the prior approval of the Secretary, any document received which contains any confidential information; and,

(e) shall, at the end of the hearing, return to the Secretary all confidential information, including any notes, charts, tables, and memoranda created based on that confidential information.

Michel P. Granger
Michel P. Granger
Secretary

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Initial publication: June 26, 2000