Trade Litigation 2017
On November 25, 2016, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (COALITION) filed a petition alleging Canadian lumber is unfairly subsidized and dumped into the U.S. market. B.C. is well prepared to respond to this litigation and will defend B.C.'s interests against these unfounded allegations.
Basic Timeline (November 2, 2017)
This page lists key events and documents in the softwood lumber litigation. Best efforts are taken to keep this page up to date. Please also check the Government of Canada website for updates.
- November 2, 2017, U.S. Department of Commerce issued final determinations in the countervailing (CVD) and anti-dumping (AD) duty cases.
- The Department of Commerce fact sheet contains summary of rulings on critical circumstances and product scope.
Company Exclusion Process: The Department of Commerce claimed that it does not have the legal authority to conduct a company exclusion process in this company-specific investigation.
Expedited Review: 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.
- August 28, 2017: U.S. Department of Commerce announced that, effective August 26, 2017, provisional CVD duties are not required for softwood lumber shipments to the U.S until the International Trade Commission (ITC) publishes its final determination on injury.
- U.S. Department of Commerce Notice (August 28, 2017)
- June 26, 2017: U.S. Department of Commerce issued preliminary anti-dumping (AD) determination.
- 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)
Preliminary AD Rates: Canfor 7.72%; Tolko 7.53%; West Fraser 6.76%; Resolute 4.59%; all other companies 6.87%. Starting June 30, 2017, preliminary AD rates are in effect until the U.S. Department of Commerce publishes its final AD determinations, expected by November 10, 2017.
- June 23, 2017: U.S. Department of Commerce issued a Memorandum regarding preliminary product scope decision.
- May 5, 2017: Government of Canada and Government of B.C. submissions on product scope exclusions to the U.S. Department of Commerce.
- April 25, 2017: U.S. Department of Commerce issued a memorandum regarding company exclusions process.
- April 24, 2017: U.S. Department of Commerce issued preliminary CVD determination
- U.S. Department of Commerce News Release (April 24, 2017)
- U.S. Department of Commerce Fact Sheet (April 24, 2017)
- Preliminary determination of countervailing duty, Federal Register Notice (April 28, 2017)
Preliminary CVD Rates Issued on April 24: Canfor 20.26%; Tolko 19.50%; West Fraser 24.12%; Resolute 12.82%; Irving 3.02%; all other companies 19.88%. Preliminary CVD duties were in effect between April 28, 2017 and August 25, 2017.
- April 24, 2017: U.S. Department of Commerce issued preliminary determination of Critical Circumstances.
- Preliminary determination of Critical Circumstances
- The U.S. Department of Commerce preliminarily found that critical circumstances exist for all Canadian exporters of softwood lumber other than Canfor, Resolute, Tolko, and West Fraser.
- Companies that shipped products in the scope of the investigations during the 90 days prior to the publication of the preliminary duty rates (April 28 for countervailing duties and June 30 for anti-dumping duties) will be required to provide cash deposits on those shipments.
- April 3, 2017: Government of B.C. submitted a letter to the U.S. Department of Commerce in support of clarifying and exclusionary language proposed by Canada regarding the scope of the investigations.
- March 29, 2017: Government of Canada's proposal to the U.S. Department of Commerce for company exclusions.
- Government of Canada Letter (March 29, 2017)
- March 6, 2017: Government of B.C. submitted a letter to the U.S. Department of Commerce in support of a company exclusion process.
- Government of British Columbia Letter (March 6, 2017)
- February 24, 2017: Canada's Comments on Allegations of Critical Circumstances.
- Government of Canada Letter (February 24, 2017)
- January 9, 2017: Government of Canada and Government of B.C. submitted requests for product scope exclusion to the U.S. Department of Commerce.
- January 6, 2017: The U.S. International Trade Commission (USITC) announced a finding of injury.
- December 15, 2016: The U.S. Department of Commerce announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.
- U.S. Federal Register: Initiation Notice of the Countervailing Duty Investigation (December 22, 2016)
- U.S. Department of Commerce Notification to the U.S. International Trade Commission (December 16, 2016)
- December 7, 2016: Canada's response to the Petition.
- Consultations Paper of the Government of Canada (December 7, 2016)
- November 25, 2016: The U.S. COALITION filed a petition alleging Canadian lumber is unfairly subsidized and dumped into the U.S. market.