Canada had appealed against the original ruling, issued last September, which said that legitimate public health concerns were sufficient to justify the ban. Therefore imports of the two products did not necessarily have to be treated the same. That ruling went further than the original panel's decision, which said that the fibers were alike but had accepted that asbestos could be banned entirely on health grounds. Canada claims that chrysotile asbestos, which is included in the ban, is not dangerous for human health if used carefully. The European Union, which represents France in legal disputes in the WTO, claimed that both types of asbestos were dangerous and that it was not possible to ensure that it was always used safely.
Production is centered in Quebec.
Canada had hoped to use a ruling in its favor to put pressure on the European Union as a whole. Brussels approved an EU-wide asbestos ban in 1999 and it is scheduled to take effect in 2005. It is not a private communication.