Softwood Lumber Trade Dispute - Recent Developments

November 3, 2017, Ambassador MacNaughton issued a letter to U.S. Representatives correcting the record.

On November 2, 2017, the U.S. Department of Commerce issued final determinations in the countervailing (CVD) and anti-dumping (AD) duty cases. 

The final CVD and AD rates are:

Company CVD AD
Canfor 13.24% 8.89%
Irving 3.34% 6.58%
Resolute 14.7% 3.2%
Tolko 14.85% 7.22%
West Fraser 18.19% 5.57%
All others 14.25% 6.58%

Companies have not been required to pay countervailing duties since August 26, 2017.  Payment of countervailing duties will resume at the final duty rates following the publication of an affirmative ruling on injury by the International Trade Commission, which is expected in December 2017.

Following the publication in the Federal Register of the U.S. Department of Commerce's final AD determination, expected by November 10, 2017, companies will start paying the AD duties based on final rates.  The final AD duties will continue to be payable until December 27.  Absent a final ruling on injury by the International Trade Commission, there could be a short gap period where AD duties are not payable between December 27 and the publication date of the International Trade Commission final ruling.  The final duties will then resume.

Following publication of the CVD order (expected in December 2017 or January, 2018) companies will have 30 days to request the Department of Commerce to conduct an Expedited Review to establish a company specific rate for each requesting company.  See fact sheet for additional information on Expedited Reviews.

Critical Circumstances:  In its final determinations, the Department of Commerce made an affirmative finding of critical circumstances in the AD case for everyone except Canfor.

The International Trade Commission final decision on critical circumstance will determine if retroactive duties will be applied.  The International Trade Commission final determination is expected in December.

Product Scope:  A summary of the Product Scope Final Determination is found on pages 1 to 3 of the Department of Commerce fact sheet.

The links below give further information and updates on various topics related to this Canada-U.S. trade issue. Please also check the federal government website for additional updates, frequently asked questions and announcements.

Softwood Lumber Information