Softwood Lumber Trade Dispute - Recent Developments
November 14, 2017, the Government of Canada filed a notice of intent to appeal under Chapter 19 with the NAFTA Secretariat regarding the countervailing duty investigation.
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.
- Government of BC News Release (November 2, 2017)
- Government of Canada Statement (November 2, 2017)
- U.S. Department of Commerce Fact Sheet (November 2, 2017)
The final CVD and AD rates are:
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
- Frequently Asked Questions: Softwood lumber dispute (November 2, 2017)
- B.C.'s Trade Envoy to the United States advocates for B.C. forestry jobs in Oregon (October 13, 2017)
- The U.S. Department of Commerce issued its preliminary AD duty rate (June 26, 2017)
- Government of B.C. Statement (June 26, 2017)
- Government of Canada Statement (June 26, 2017)
- U.S. Department of Commerce Fact Sheet (June 26, 2017)
- Preliminary determination of anti-dumping duty, U.S. Federal Register Notice (June 30, 2017)
- Federal Government Announces Support for Forest Sector Workers and Families (June 1, 2017)
- Contact Information: Government of Canada Softwood Lumber Action Plan (June 6, 2017). Government of Canada's list of contacts for companies and workers to get more information on announced programs.
- The U.S. Department of Commerce issues its preliminary CVD determination (April 24, 2017)
- Canada's response to U.S. Department of Commerce preliminary CVD determination
- Statement by Canada on Softwood Lumber (April, 24, 2017)
- Canada's explanation on scope (April 25, 2017)
- Canada's explanation on the company exclusions process (April 25, 2017)
- B.C. government actions on softwood lumber, April 7, 2017
- Statement from Special Envoy David Emerson, March 8, 2017
- Federal-Provincial Task Force on Softwood Lumber Announced, February 22, 2017
- Premier Christy Clark names David Emerson B.C. Trade Envoy to the United States, February 14, 2017
- Fact Sheets
- Canada-U.S. softwood lumber trade: Why it should matter to Americans (February 15, 2017)
- Government support for forestry dependent communities (updated April 7, 2017)
- B.C.’s forest economy: softwood lumber (February 15, 2017)
- Canada-U.S. Softwood Lumber Trade (updated April 26, 2017)
- Trade Litigation 2017
- Negotiations 2015 - 2017
- Company Exclusion Preparatory Information
- Background on the Softwood Lumber Agreement 2006