Broomcorn brooms dispute

[1] In March 1996 the US Cornbrooms Task Force, an industry interest group, submitted two petitions to the US International Trade Court (ITC) – one under the Trade Act of 1974 and one under NAFTA – to allege serious injury as a result of rapidly increasing imports of broomcorn brooms from Mexico under the new duty-free provisions.

On 28 November 1996, following the recommendations laid out in the ITC report, President Clinton issued Proclamation 6961, imposing a three-year tariff increase on certain broomcorn imports.

On 12 December 1996, Mexico complicated negotiations by imposing retaliatory tariffs amounting to an estimated $1.4 million cost to the US economy.

After the requisite 30 days of negotiation had elapsed and no agreement had been reached, Mexico asked on 14 January 1997, that an arbitration tribunal be organized under the rules set out in Article 2008.

Article 2009 provided that these panelists: In accordance with these guidelines, five arbiters were selected: Chief: Paul O'Connor Arbiters: Raymundo Enriquez, Dionisio Kaye, John H. Barton, Robert E. Hudec Rather than sending litigants to argue their cases before the tribunal, parties to a NAFTA arbitration submitted written arguments for review.