Header: Header: Header:

U.S. Says WTO Ruling Misfires

U.S. Trade Representative Robert Lighthizer says a World Trade Organization (WTO) panel report applies an “erroneous Appellate Body interpretation” and would shield Canada’s massive lumber subsidies from U.S. action imposing countervailing duties to support the U.S. softwood lumber industry and its workers.  

“This flawed report confirms what the United States has been saying for years: The WTO dispute settlement system is being used to shield non-market practices and harm U.S. interests,” Lighthizer says. “The panel’s findings would prevent the United States from taking legitimate action in response to Canada’s pervasive subsidies for its softwood lumber industry.” 

The U.S. is weighing its options in response to the WTO ruling.

The U.S. has expressed concerns about unfairly dumped and subsidized imports of softwood lumber products from Canada for nearly 40 years, and there is a long history of litigation over the issue at the WTO and in domestic courts. In 2017, the U.S. Dept. of Commerce and the U.S. International Trade Commission (USITC) found, for the third time in three decades, that the Canadian federal and provincial governments are subsidizing Canadian softwood lumber producers mostly through inaccurately determined and depressed stumpage costs, allowing Canadian producers to sell subsidized softwood lumber in the U.S. market and causing material injury to U.S. softwood lumber producers.  

However, a WTO panel said the U.S. Dept. of Commerce had repeatedly acted inconsistently with the Agreement on Subsidies and Countervailing Measures (SCM) and recommended that the U.S. come into conformity with its obligations under SCM.

WTO concluded that the U.S. DOC was flawed multiple times by rejecting proposed private stumpage and log prices in Ontario as a valid stumpage benchmark; by rejecting proposed BCTS auction prices in British Columbia as a valid stumpage benchmark; by rejecting proposed auction stumpage prices in Québec as a valid stumpage benchmark; by rejecting proposed TDA log prices in Alberta as a valid stumpage benchmark; by erroneously finding that the Nova Scotia benchmark price reasonably reflected the prevailing market conditions in Alberta, Ontario and Québec; by not having proper basis to conclude that stand-as-a-whole pricing was not a prevailing market condition in British Columbia; and numerous other calculations by U.S. DOC that WTO said were inconsistent.

British Columbia Lumber Trade Council (BCLTC) applauded the WTO ruling as vindication of Canada in its challenge to the U.S. DOC’s 2017 subsidy determination.

“For more than three years our industry has paid billions of dollars in countervailing duties that today’s decision confirmed should never have been paid in the first place,” says Susan Yurkovich, President and CEO of BCLTC.  

She says the WTO ruling is a scathing indictment of the U.S. Dept. of Commerce’s subsidy findings and the biased process it followed in reaching them.

The U.S. Lumber Coalition stated the WTO panel report represents the latest example of judicial overreach within the WTO seeking to undermine the U.S. trade laws, which makes it harder for U.S. producers to address unfair trade. “Canada’s unfair trade practices in softwood lumber are well documented, and the harm these practices cause to the U.S. forestry industry and workers is undisputed,” says U.S. Lumber Coalition Executive Director Zoltan van Heyningen. “The WTO panel with this report, like other WTO Appellate Body and panel reports, has added to U.S. obligations and diminished U.S. rights, addressing issues it has no authority to address, taking actions it has no authority to take, and interpreting WTO agreements in ways not envisioned by the WTO members who entered into those agreements.”

“While this decision is not binding upon the United States, and thus has no immediate effect on the ongoing Commerce Department proceedings, these deeply flawed WTO panel reports undermine the credibility of the entire WTO system and are harmful to U.S. workers and their communities who depend on the full and effective enforcement of the U.S. trade laws,” adds U.S. Lumber Coalition Co-Chair Jason Brochu. “The U.S. government must reject this blatant attempt by a WTO panel to diminish U.S. rights and the panel’s attempt to deviate and expand from original WTO obligations.”

This past May, a NAFTA panel unanimously affirmed a U.S. International Trade Commission (ITC) finding of harm to U.S. lumber producers caused by unfairly traded Canadian softwood imports.

In November 2016, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (COALITION) petitioned the U.S. Dept. of Commerce and the U.S. International Trade Commission to restore fair trade in softwood lumber between Canada and the U.S.

In November 2017, the U.S. Dept. of Commerce determined that Canada subsidizes softwood lumber products and that exporters from Canada have sold softwood lumber in the U.S. at less than fair value, distorting the U.S. softwood lumber market. U.S. DOC promptly placed subsidy and dumping duty rates of varying percentages on several Canadian lumber producers. In December 2017, the U.S. ITC agreed that the U.S. lumber industry is materially injured by the subsidies.

Latest News

Softwood Lumbermen Still Feeling Good

U.S. softwood lumbermen are not as bullish about their lumber business situation as they were a year ago, but they’re still upbeat and capital expenditure projects are in full force, according to Timber Processing’s annual 2022 U.S. Sawmill Operations & Capital Expenditures Survey…

Multi-Family Housing Continues Surge

U.S. single-family housing starts in April dipped 7.3% from March to a seasonally adjusted rate of 1.1 million, but multi-family starts (five units or more) shot up 16.8% over March to 612,000, according to the U.S. Census Bureau and U.S. Dept. of Housing and Urban Development monthly new…

How’s Your Log Supply Chain?

Article by Dan Shell, Senior Editor, Timber Processing May 2022 – In between looking for extra employees to fill out another shift or solidify the one or two already in place, or perhaps looking for larger vaults to hold the cash they’ve been putting away thanks to record lumber prices, lumber suppliers would be smart to…

Softwood Lumber Board Updates Board Members

Secretary of Agriculture Tom Vilsack has reappointed George Emmerson, J.D. Hankins II, Brian Luoma and Brad Thorlakson to serve second terms on the Softwood Lumber Board (SLB) Board of Directors. He has also appointed past Director Marc…

PLIB Partners With TP&EE

Hatton-Brown Expositions and Pacific Lumber Inspection Bureau announce that PLIB will participate in the Preferred Partner program with Hatton-Brown’s Timber Processing & Energy Expo (TP&EE), which will be held September 28-30 at the Portland Exposition Center in Portland, Ore…

Pres-To-Logs Has History Of Its Own

Article by Rich Donnell, Editor-in-Chief, Timber Processing April 2022 – The story in this issue on North Idaho Energy Logs, written by David Abbott, caught my attention at the mention of Pres-to-logs. Much of the Idaho company’s success in wood energy markets is because of its energy logs or fire logs composed of…

BC Harvesting Deferrals Kick In

No harvesting will be allowed on nearly 1.7 million hectares (4.2 million acres) of old-growth in British Columbia as the province and First Nations throughout it develop a new approach to sustainable forest management. “Our government’s new vision for forestry is one where we better…

Find Us On Social

Newsletter

The monthly Timber Processing Industry Newsletter reaches over 4,000 mill owners and supervisors.

 

Subscribe/Renew

Timber Processing is delivered 10 times per year to subscribers who represent sawmill ownership, management and supervisory personnel and corporate executives. Subscriptions are FREE to qualified individuals.

Advertise

Complete the online form so we can direct you to the appropriate Sales Representative.