But R-CALF is still fighting for a total ban, even as the U.S. government works on a new rule to reopen the border to older cattle and beef products.
The group argues Canadian imports are unsafe and U.S. officials are endangering the food supply.
Many industry observers say they think R-CALF is just wasting everyone's time by appealing to a court that's already turned them down once.
But some here are perplexed that the appeals court hasn't stopped the process long before now.
And they're bracing for any fallout from the hearing at a time when Canada and the United States are still trying to convince some countries that North American products are safe.
"Once again, it puts the industry's fate not in the hands of those who know, nurture and prosper by it, but in the hands of the judicial system," said Steve Dittmer, executive vice-president of the Agribusiness Freedom Foundation, a group that promotes free trade.
"It holds the potential for virtually no good and tremendous harm and destruction on top of that already caused."
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We have start looking after our own markets first and foremost.
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Perception is two thirds of what we perceive reality to be.
Difficult decisions are a privilege of rank.