Tina Smith: “I came to the floor today to introduce an amendment to the FSC/ETI bill relating to the U.S. approval of NAFTA panel…”

“I came to the floor today to introduce an amendment to the FSC/ETI bill relating to the U.S. approval of NAFTA panel decisions. The handling of the current case before the NAFTA panel regarding Canadian softwood lumber imports gives me cause for concern. There are substantial allegations that one panelist judging the case is, at the same time, appearing as a private lawyer in two other antidumping cases before the International Trade Commission which involve similar issues as the Canadian lumber case. This creates at the very least the appearance of impropriety and a conflict of interest. Indeed, the USTR has taken the position that the panelist is in violation of the code established to prevent conflicts of interest involving panelists. However, it seems that Canada has been able to block any action to remove this panelist from the case. This situation is unacceptable and indicates that fundamental reform of the NAFTA panel process is required. We cannot allow NAFTA panelists with a conflict of interest to rule in these cases, especially since their rulings are equivalent to a Federal Court order. At the very least, such panel decisions should be subject to Presidential review before being implemented. I have an amendment that would implement such a review procedure.”