The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Canada has won a number of important victories over the past two years in the ongoing softwood lumber dispute with the U.S. but none more important than the one issued yesterday by the NAFTA Panel. Yesterday's decision has the potential to end the softwood lumber dispute. The Panel has said that enough is enough and has instructed the U.S. International Trade Commission (ITC) to issue a determination that the evidence on the record does not support a finding of threat of material injury. The NAFTA Panel has given the ITC 10 days to comply with its ruling. Under the NAFTA rules, the ITC has no choice but to comply with the Panel's order, even if it disagrees with it. This would effectively end the case. Without the ITC's threat of injury finding, the U.S. does not have grounds to impose the countervailing and anti-dumping duties totaling 27 per cent. The US will have to revoke the orders, stop collecting duties and return the more than $2 billion USD in punitive duties collected so far. The Canadian Lumber Trade Council (CLTA) has been waiting over two years for this positive decision from the NAFTA Panel. The CLTA hopes this decision will lead to truly open and fair trade in softwood lumber with the United States. The CLTA fully recognizes that the legal fight may not yet be over. The CLTA believes the Coalition will try to make the NAFTA panel the scapegoat by demanding the U.S. file a so-called "extraordinary challenge" to the panel decisions on the basis of frivolous allegations that the panel is biased and exceeded its authority. But, the NAFTA panel did exactly what it was supposed to do - require the ITC to comply with settled principles of trade law and to issue decisions that are consistent with the evidence. The Canadian Lumber Trade Alliance worked together to present a joint submission to the NAFTA Panel. The Canadian Lumber Trade Alliance includes: The BC Lumber Trade Council, Alberta Softwood Lumber Trade Council, the Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association, Free Trade Lumber Council, and the Québec Forest Industry Council.
