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Original News Release

 

 


   BACKGROUNDER   

2004FOR0082-001077

Dec. 14, 2004

Ministry of Forests

     

 

SOFTWOOD LUMBER ADMINISTRATIVE REVIEW

FREQUENTLY ASKED QUESTIONS

 


On Dec. 14, 2004, the U.S. Department of Commerce released its final determination that duties of 21.21 per cent (17.18 per cent countervailing duty and 4.03 per cent anti-dumping) should apply on Canadian softwood lumber imports. These new rates are based on a review by the U.S. Department of Commerce on the first year that the duties were in place - from May 22, 2002 to March 31, 2003.

 

1.         When will the new rates take effect?

        The new rates will take effect once the decision is published in the U.S. federal register in order to be communicated to U.S. customs. This usually occurs within two weeks. 

 

2.         What happens to the duties collected to date?

        Today’s determination sets the final rate for the period May 22, 2002 to March 31, 2003. If there are no appeals of this determination, the companies should receive a refund of the difference including interest. Today’s determination of the U.S. Department of Commerce also applies to new shipments.

 

3.         How much have Canadian and B.C. companies paid in softwood duties?

        To date, Canadian companies have paid close to $US3 billion, with $US1.8 billion coming from B.C. companies. Based on the new rate of 21.21 per cent, Commerce should refund $US100 million to B.C. companies.

 

4.         Will B.C. companies ever get the $US1.8 billion paid in duties back?

        That is the subject of legal appeals through WTO and NAFTA.

 

5.         What’s the current status of the NAFTA challenges?

        The current NAFTA challenges relate to the initial determinations, and have no bearing on today’s decision. 

       

        In November, the U.S. government asked for an “extraordinary challenge” of the NAFTA panel remand on the finding of “no threat of injury.” The U.S. has not been successful in its appeal of past NAFTA decisions. If the finding of “no threat of injury” is upheld, there is no basis for duties to be collected and duties paid to date are returned to Canadian producers.  That ruling is expected in March 2005.

 

        For a chronology of the different legal appeals, visit the Ministry of Forests’ softwood lumber website at www.for.gov.bc.ca online.

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Media

contact:

Don McDonald

Communications Director

Ministry of Forests

250 387-8486

 

Visit the Province's website at www.gov.bc.ca for online information and services.