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ONTARIO FOREST INDUSTRIES ASOC v. U.S.

Slip Op. 06-123. Ct. No. 06-00156.

444 F.Supp.2d 1309 (2006)

ONTARIO FOREST INDUSTRIES ASOC and Ontario Lumber Manufacturer Assoc., Plaintiffs, v. The UNITED STATES of America, and Susan C. Schwab, Defendants.

United States Court of International Trade.

August 2, 2006.

Attorney(s) appearing for the Case

Baker & Hostetler, LLP (Elliot Jay Feldman, Michael Steven Snarr, Bryan Jay Brown, and John Burke), for Plaintiffs.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Stephen Carl Tosini, Trial Attorney), for Defendant United States.

Dewey Ballantine LLP, Washington, DC (Harry L. Clark, Kevin M. Dempsey, John W. Bohn, and David A. Bentley), for proposed Defendant-Intervenor.

OPINION

POGUE, Judge.

This case presents the questions of whether the Court of International Trade has jurisdiction to issue a writ of mandamus compelling the United States Trade Representative ("USTR") to appoint a member to an Extraordinary Challenge Committee—a reviewing authority in the North American Free Trade Agreement binational review system—and, if so, whether such a writ should be entered. Pending before the court are (1) Plaintiffs...

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