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The U.S./Canadian
border might reopen early this week to exports of live Canadian
cattle under 30 months of age, and both Canadian and U.S.
officials said they will take all steps necessary to resume
the flow of live cattle. "Because the ruling is effective
immediately, we are immediately taking steps to resume the
importation of cattle under 30 months of age," said Agriculture
Secretary Mike Johanns.
However, another legal challenge remains. Ranchers-Cattlemen
Action Legal Fund, United Stockgrowers of America will appear
in a Billings, Mont. courtroom July 27, demanding a permanent
injunction against USDA and border openings until USDA's
Rule reopening the border is rewritten. Bill Bullard, R-CALF's
chief executive, said that while the decision to overturn
the temporary injunction late last week was "disappointing,"
he expects to "have a full hearing on the merits of the
case, (in which) we will demonstrate to the district court
that USDA's actions are premature and unjustified." R-CALF
might also appeal the decision to the U.S. Supreme Court,
one member said.
Johanns, speaking in Madagascar, where he is on an extended
trade, said that while the decision whether the case goes
forward is in R-CALF's hands, "we will be prepared to be
in his [District Court Judge Richard Cebull in Billings]
courtroom, and we'll be prepared for the remainder of the
case if that is necessary."
Johanns said that Canadian and U.S. authorities are working
closely to coordinate the reopening of the border, and that
it would be a matter of "days, not weeks" until cattle start
moving. USDA has already laid out the products allowed to
enter the United States, alerted state and federal inspectors
and veterinarians about procedures at the border, which
include sealed trucks to make sure that Canadian cattle
are not allowed to mix with the U.S. herd, and set up procedures
for verification of age and background of animals at slaughter.
Johanns also responded to rumors that Tyson, Cargill and
others may "hoard" cattle by bringing as many as possible
across the board before the July 27 hearing in Billings
by saying, "they have to meet our requirements. That's the
bottom line. We don't try to run the industry, but we do
have requirements that all people have to comply with."
Presumably he meant that because the cattle have to be younger
than 30 months of age, he doesn't foresee a flood of stockpiled
cattle entering the country.
Johanns also expressed hope that despite so much slaughter
capacity moving north of the border over the past two years,
the beef market will not be greatly distorted. "I believe
we can maintain the industry," he said. "There is a certain
amount of restructuring that has occurred that will be very
difficult to reverse."
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