United States — Countervailing Measures on Softwood Lumber from Canada

 

Short title:	US — Softwood Lumber VII
Complainant:	Canada
Respondent:	United States
Third Parties (original proceedings):	Brazil; China; European Union; Japan; Kazakhstan; Korea, Republic of; Russian Federation; Turkey; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. VI:3  GATT 1994 Art. 1.1(a)(1), 1.1(a)(1)(i), 1.1(a)(1)(iii), 1.1(b), 2.1(a), 10, 11.2, 11.3, 14(d), 19.1, 19.3, 19.4, 21.1, 21.2, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)
Agreements cited: (as cited in panel request)	Art. 1.1(b), 14(d), 19.3, 19.4  Subsidies and Countervailing Measures (SCM) Art. VI:3  GATT 1994 Art. 11.2, 11.3, 1.1(a)(1)(iii), 1.1(a)(1), 10, 19.1, 1.1(a)(1)(i), 2.1(a), 2.1(b), 10, 21.1, 21.2, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)
Consultations requested:	28 November 2017
Panel requested:	15 March 2018
Panel established:	9 April 2018
Panel composed:	6 July 2018
Panel report circulated:	24 August 2020

 

Summary of the dispute to date

 

The summary below was up-to-date at 26 November 2020 

 

Consultations

 

Complaint by Canada

 

On 28 November 2017, Canada requested consultations with the United States concerning certain countervailing measures with respect to softwood lumber products from Canada.

 

Canada claimed that the measures appear to be inconsistent with:

 

- Articles 1.1(a), 1.1(b), 2.1(a), 2.1(b), 10, 11.2, 11.3, 14(d), 19.1, 19.3, 19.4, 21.1, 21.2, 32.1, and 32.5 of the SCM Agreement; and

 

- Article VI:3 of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 15 March 2018, Canada requested the establishment of a panel. At its meeting on 27 March 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 9 April 2018, the DSB established a panel. Brazil, China, the European Union, Japan, Kazakhstan, Korea, the Russian Federation, Turkey and Viet Nam reserved their third-party rights.

 

On 27 June 2018, Canada requested the Director-General to compose the panel. On 6 July 2018, the Director-General composed the panel.

 

On 15 November 2019, the Chair of the panel informed the DSB that in light of the complexity of this dispute, the panel expected to issue its final report in the first half of 2020. The Chair noted that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depended on completion of translation.

 

On 24 August 2020, the panel report was circulated to Members.

 

On 28 September 2020, the United States notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.