Grain Corn, Inquiry No. NQ-2005-001

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 Casco and Corn Products International Inc. that Dr. John Groenewegen 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 Casco and Corn Products International Inc.; and UPON being satisfied that access to confidential information of record in this matter is reasonably required to prepare for the hearing that is scheduled to begin on March 20, 2006, in this proceeding and that Dr. Groenewegen will be acting under the direction and control of counsel for Casco and Corn Products International Inc.;

THE TRIBUNAL ORDERS THAT:

1. Counsel may disclose to Dr. Groenewegen the confidential information on the record.

2. In order to draft his report, Dr. Groenewegen shall have access to the said confidential information at the Toronto office of the law firm of Heenan Blaikie LLP, under the direction and control of Mr. Paul Lalonde, prior to and during the hearing.

3. Prior to obtaining access to the said confidential information, Dr. Groenewegen shall sign the attached Undertaking and Acknowledgement. Lead counsel for Casco and Corn Products International Inc. shall countersign the said document to acknowledge that Dr. Groenewegen is working under his direction and control.

4. Counsel for Casco and Corn Products International Inc. shall explain the terms of this order to Dr. Groenewegen prior to the disclosure of any confidential information.

5. The Undertaking and Acknowledgement for Dr. Groenewegen provides that he:

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

(b) not disclose, except to counsel for Casco and Corn Products International Inc. 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

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

This Order is available on the CITT web site, at:

http://www.citt-tcce.gc.ca/dumping/inquirie/orders/nq2f01d_e.asp

  http://www.citt-tcce.gc.ca/dumping/inquirie/orders/nq2f01d_e.asp