GD/164

United States - Measures Affecting the Export of Softwood Lumber from Canada

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Other titles

US - Softwood Lumber I

Parties

Complainant
Canada
Respondent
United States
Third Parties

Products at Issue

Products at issue
Lumber
Type of product
Non-agricultural
Product sub-type
Wood products

Related disputes

GATT
Related GD
GD/137
GD/258
WTO

Key legal aspects

Legal basis
  • SCM Article 3:1
Claims raised
  • GATT Article VI
  • SCM Article 2
Defences raised
  • n.a.

Adjudicators

Type Panel
Chairperson Michael D. Cartland (Hong Kong)
Other members Ulrich Mohrmann (Germany, Fed. Rep.), Luzius Wasescha (Switzerland)

Report

Type Panel
Legal basis at issue
  • SCM Article 3:1
Claims at issue
  • GATT Article VI
  • SCM Article 2
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 4
  • -
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • -

Timeline

Request for consultations
  • (04/06/1986)
Request for conciliation
Conciliation meeting
Request for establishment
Establishment
Composition
Report
Adoption of report
Mutually agreed solution
  • (30/12/1986)

Outcome

Outcome of the proceedings
Report adopted, mutually agreed solution
Additional Info SCM/76 (30/07/1986) Communication from Canada: Request for a meeting of the Committee to request the establishment of a panel.

SCM/83 (25/05/1987) United States – Initiation of a Countervailing Duty Investigation into Softwood Lumber Products from Canada – Report by the Panel: Refers to a Memorandum of Understanding between Canada and the United States that would be implemented upon the withdrawal of the countervailing duty petition and the termination by the United States of the countervailing duty investigation. The Memorandum further states that it is without prejudice to the position of either Government as to whether the stumpage programmes and practices of the Canadian Governments constitute subsidies under United States law or any international agreement. Subject to several conditions, Canada agreed to impose a 15% export tax on lumber exported to the US as of 08/01/1987.