[Always Right]

The World Trade Organization has approved these findings, and countervailing (anti-subsidy) and antidumping duties have been imposed on Canadian lumber imports since 2002. But a NAFTA dispute panel has exceeded its authority by directing the U.S. International Trade Commission to reverse a finding that unfair imports threaten the U.S. lumber industry.

What a tangled web multiple international trade treaties pose. In order to impose duties it must pass the muster of both WTO and NAFTA courts.

[hedgetrimmer]

A look at the constitutionality NAFTA:

“[M]y proposition is that the United States-Canada dispute resolution provisions permit persons who are not officers of the United States, and who are not appointed under the Appointments Clause, to overrule federal officials who are officers of the United States … on the grounds that the officials did not follow United States law…. Not only does that scheme violate principles of representative government and democracy, but it also violates the Appointments Clause.”

Alan Morrison, Public Citizen, Appointments Clause Problems in the Dispute Resolution Provisions of the United States-Canada FTA, 49 Wash. & Lee L. Rev. 1299-1300 (1992).