USTR Seeks Comments on WTO Dispute Concerning the CV Duty Investigation of Certain Softwood Lumber Products from Canada
The Office of the U.S. Trade Representative has issued a notice stating that a World Trade Organization dispute settlement panel (DSP) has been established at the request of Canada in order to examine whether the U.S. has implemented the recommendations and rulings of the WTO's Dispute Settlement Body (DSB) in a dispute involving the International Trade Administration's countervailing (CV) duty investigation of certain softwood lumber products from Canada.
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(The USTR notes that the European Communities (EC) has indicated its interest in participating in this dispute as a third party.)
Canada Identifies ITA's Section 129 Determination, Etc. as WTO Inconsistent
On December 16, 2004, the ITA issued a notice under Section 129 of the Uruguay Rounds Agreement Act (URAA) in order to implement the DSB's recommendations and rulings, and consequently revised the CV cash deposit rate for shipments of subject merchandise (other than those with a company-specific rate) to 18.62% (from 18.79%), effective for a time of entry on or after December 10, 2004.
Canada identifies this Section 129 determination and the subsequent final results of the first administrative review, among other things, as inconsistent with the U.S.' WTO obligations.
The DSP is expected to issue a report on its findings and recommendations within approximately four months of the date it is established (i.e., January 14, 2005).
(See ITT's Online Archives or 12/16/04 news, 04121648, for BP summary of the ITA's Section 129 determination that revised the rate to 18.62%.
See ITT's Online Archives or 12/22/04 news, 04122230, for BP summary of the ITA's final results of its first administrative review of this CV duty order, in which the Section 129 CV rate of 18.62% was replaced by a CV rate of 17.18%.)
- comments should be submitted by March 3, 2005 to be assured of timely consideration
USTR contact - L. Daniel Mullaney (202) 395-3150
USTR notice (D/N WTO/DS-257, FR Pub 02/22/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-3236.pdf