GRAIN CORN

Inquiries (Section 42)

GRAIN CORN
Inquiry No. NQ-2005-001

Order issued
Monday, February 20, 2006

TABLE OF CONTENTS

IN THE MATTER OF an inquiry, pursuant to section 42 of the Special Import Measures Act, concerning unprocessed grain corn, excluding seed corn (for reproductive purposes), sweet corn and popping corn, originating in or exported from the United States of America;

AND IN THE MATTER OF a request from counsel for the Canadian Corn Producers that Prof. Daniel A. Sumner be permitted, as an expert in agricultural economics, access to all confidential information on the record.

ORDER

WHEREAS, pursuant to subsection 45(3) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal (the Tribunal) may authorize disclosure of confidential information by counsel to experts acting under the control or direction of counsel, subject to directives from the Tribunal governing the use of such information;

UPON reading the representations of counsel for the Canadian Corn Producers (the CCP); and

UPON being satisfied that access to confidential information of record in this matter is reasonably required to assist in the preparation of an expert rebuttal report for use in this proceeding and that Prof. Sumner will be acting under the direction and control of counsel for the CCP;

THE TRIBUNAL ORDERS THAT:

1. Counsel may disclose to Prof. Sumner the confidential information on the record.

2. In order to draft his report, Prof. Sumner shall have access to the said confidential information at the Toronto office of the law firm of McMillan Binch Mendelsohn LLP, under the direction and control of Mr. Bill Hearn, prior to and during the hearing.

3. Prior to obtaining access to the said confidential information, Prof. Sumner shall sign the attached Undertaking and Acknowledgement. Lead counsel for the CCP shall countersign the said document to acknowledge that Prof. Sumner is working under his direction and control.

4. Counsel for the CCP shall explain the terms of this order to Prof. Sumner prior to the disclosure of any confidential information.

5. The Undertaking and Acknowledgement for Prof. Sumner provides that he:

(a) use the specified confidential information exclusively for purposes of the subject proceeding;

(b) not disclose, except to counsel for the CCP and the Tribunal, in his report or testimony in this proceeding, any confidential information to which he has been given access;

(c) not photocopy any document received that contains any confidential information;

(d) save confidential information only on the hard drive of a stand-alone or laptop computer that is not connected to any computer network, or accessible in any manner through another computer or other means, and erase, at the completion of this proceeding, all confidential information saved on the stand-alone or laptop computer and file with the secretary of the Tribunal a certificate confirming the destruction of the said information; and

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

Pierre Gosselin
Pierre Gosselin
Presiding Member

James A. Ogilvy
James A. Ogilvy
Member

Meriel V. M. Bradford
Meriel V. M. Bradford
Member

Hélène Nadeau
Hélène Nadeau
Secretary

CANADIAN INTERNATIONAL TRADE TRIBUNAL

UNDERTAKING AND ACKNOWLEDGEMENT

IN THE MATTER OF an inquiry, pursuant to section 42 of the Special Import Measures Act, concerning unprocessed grain corn, excluding seed corn (for reproductive purposes), sweet corn and popping corn, originating in or exported from the United States of America;

WHEREAS the Tribunal issued an order dated February 20, 2006, directing that the person to whom disclosure is made shall not disclose any of the confidential information to any person and shall not use the confidential information for any purpose, other than in and for the purpose of this inquiry.

UNDERTAKING

I, Daniel A. Sumner, undertake:

(a) to use the information disclosed under the conditions of this undertaking exclusively for purposes of the subject proceeding;

(b) not to disclose, except to counsel for the CCP and to the Tribunal, in my report or testimony in this proceeding, any confidential information to which I have been given access;

(c) not to photocopy any document received that contains any confidential information;

(d) to keep confidential the information disclosed under the conditions of this undertaking;

(e) to save confidential information only on the hard drive of a stand-alone or laptop computer that is not connected to any computer network, or accessible in any manner through another computer or other means, and erase, at the completion of this proceeding, all confidential information saved on the stand-alone or laptop computer and file with the Secretary of the Tribunal a certificate confirming the destruction of the said information; and

(f) to return to counsel for the CCP, any notes, tables and memoranda created based on that confidential information at the end of my participation in this proceeding.

ACKNOWLEDGEMENT

I hereby acknowledge that disclosure by me of some or all of the confidential information to which I have been given access could result in economic harm to the person(s) to whose business affairs the confidential information relates.

Signature:

  

Name:

Daniel A. Sumner

Address:

  
   
   

Fax:

  

E-mail:

  

Countersigned by counsel for the CCP—McMillan Binch Mendelsohn LLP

Signature:

  

Name:

Bill Hearn

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2006.