United States — Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada

 

Short title:	US — Differential Pricing Methodology
Complainant:	Canada
Respondent:	United States
Third Parties (original proceedings):	Brazil; China; European Union; Japan; Kazakhstan; Korea, Republic of; Russian Federation; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.4, 2.4.2  Anti-dumping Art. VI:1, VI:2  GATT 1994
Agreements cited: (as cited in panel request)	Art. 2.4.2, 2.4, 1, 2.1  Anti-dumping Art. VI:1, VI:2  GATT 1994
Consultations requested:	28 November 2017
Panel requested:	15 March 2018
Panel established:	9 April 2018
Panel composed:	22 May 2018
Panel report circulated:	9 April 2019

 

Summary of the dispute to date

 

The summary below was up-to-date at 16 October 2019 

 

Consultations

 

Complaint by Canada

 

On 28 November 2017, Canada requested consultations with the United States with respect to the United States' anti-dumping measures applying the Differential Pricing Methodology to softwood lumber products from Canada.

 

Canada claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.4 and 2.4.2 of the Anti-Dumping Agreement; and

 

- Article VI:1 and VI:2 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 and Viet Nam reserved their third-party rights.

 

On 9 May 2018, Canada requested the Director-General to compose the panel. On 22 May 2018, the Director-General composed the panel.

 

On 9 November 2018, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties within the first half of 2019, in accordance with the partial timetable adopted after consultation with the parties.

 

On 9 April 2019, the panel report was circulated to Members.

 

On 4 June 2019, Canada notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.

 

On 2 August 2019, the Chair of the Appellate Body informed the DSB that regrettably the Appellate Body would not be able to circulate a report in this case within the required 90 days. The Chair of the Appellate Body noted that there was a queue of appeals pending, as was well known, and the Appellate Body was considering them in the order in which they were appealed.