An argument may be made that the recent preliminary determinations of injury contained one or more reviewable errors. However, the probability is small that an application for judicial review will be brought against any preliminary determination, other than as part of a broader settlement strategy. This is because, first, the bulk of the Tribunal’s analysis on a preliminary injury determination involves matters within its specialized expertise to which the courts will give deference. Second, even for questions of law, final determination proceedings comprise a hearing de novo, which not only offers an adequate alternate remedy to judicial review, but, from the point of view of the complainant’s ability to enter evidence of an economic or corporate nature, a superior one.
Global Trade and Customs Journal