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 NAFTA Dismisses US Claims Of Canadian Violation Of Trade Agreement Rules In Softwood Lumber Dispute


Politics

By Drog (Canada), Section North America
Posted on Thu Aug 11, 2005 at 02:03:55 PM PST

By Wikinews

The United States has lost another battle in the ongoing U.S.-Canada softwood lumber dispute.

A NAFTA Extraordinary Challenge Committee (ECC) rejected U.S. allegations that an earlier ruling in support of Canada's position violated NAFTA rules.

This is just the most recent in a string of losses by the U.S., where it has been struck down both in NAFTA and WTO tribunals to prove that the Canadian government has been subsidizing lumber. On several occasions, the U.S. was told that it's calculations and method of calculating losses were invalid. The NAFTA report on August 13, 2003 said the U.S. made a mistake in calculating its duties based on U.S. prices, and by not taking Canadian market conditions into consideration. It orders Washington to recalculate them. NAFTA decisions are legally binding and must be put into effect within 60 days.

However, two weeks later, a WTO panel concluded that the U.S. wrongly applied harsh duties on Canadian softwood exports. They also found that provincial stumpage programs provide a "financial benefit" to Canadian producers. But, the panel made it clear that the benefit is not enough to be a subsidy, and does not justify current U.S. duties.

"We are extremely pleased that the ECC dismissed the claims of the United States," said Canada's International Trade Minister Jim Peterson.

"This is a binding decision that clearly eliminates the basis for U.S.-imposed duties on Canadian softwood lumber. We fully expect the United States to abide by this ruling, stop collecting duties and refund the duties collected over the past three years," he said.

Negotiations between Canada and the U.S. are expected to resume next week.

While there have been suggestions that the ruling could bring the softwood dispute to an end after more than four years, the issue may not be resolved. The United States could still file legal challenges outside of NAFTA.

The United States has been collecting duties on Canadian softwood lumber since May 2002, after American lumber producers accused Ottawa of subsidizing lumber exports.

Sources

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Display: Sort:
Money (none / 0) (#1)
by sik0fewl (Canada) on Thu Aug 11, 2005 at 07:55:47 PM PST

I just hope Bush pays up :)



Agreements (none / 0) (#2)
by you look like a nail (Canada) on Fri Aug 12, 2005 at 09:30:03 AM PST

We'll have to wait and see if the US recognizes the binding nature of this decision.  Historically, they've been quite willing to ignore decisions which went against their domestic interests.

Canada is in a position to play hardball, if we wanted to; the US is starting to see the effects of high gas prices and a significant amount of US oil consumption is supplied from Canada.  An equal levy applied to oil sales to the US might bring them around.  It most likely wouldn't affect our sales of oil, either, given how much demand there is in the US and how much China and India would like to have it.

-- Your Reality Check is in the mail.

Agreements (none / 0) (#3)
by sik0fewl (Canada) on Fri Aug 12, 2005 at 12:48:19 PM PST

It's true that the US has hasn't honoured internanational rulings in the past (Nicarague v. United States comes to mind), but it seems the US has been honouring NAFTA ECC rulings in the past. From http://biz.yahoo.com/prnews/050811/cgth028.html?.v=22:

There have only been five ECC to NAFTA panel decisions in the 50 cases brought since it was signed. All five have gone against the U.S., and the decisions have been honored.

I hope Canada does retaliate against the US if they fail to honour this decision.



[ Parent ]
Canada Suspends Talks (none / 0) (#4)
by you look like a nail (Canada) on Tue Aug 16, 2005 at 02:58:59 PM PST

The Canadian government has suspended softwood lumber talks with the US to protest American refusal to recognize the NAFTA ruling.

-- Your Reality Check is in the mail.
[ Parent ]

Re: Canada Suspends Talks (none / 0) (#5)
by sik0fewl (Canada) on Tue Aug 16, 2005 at 03:48:36 PM PST

Yeah, I actually just read a similar Globe and Mail article. I'm happy to see that we've actually decided to do something instead of standing down. I hope we can keep it up.



[ Parent ]
59 (none / 0) (#6)
by hren1 (Benin) on Mon Oct 01, 2007 at 08:09:23 PM PST

15

Subject541 (none / 0) (#7)
by hren1 (Benin) on Mon Oct 01, 2007 at 08:10:25 PM PST

Subject541
rr



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