NAFTA Panel Issues Decision on ITC's Injury Remand Determination on Softwood Lumber Products from Canada
The International Trade Administration (ITA) has published in the Federal Register the North American Free Trade Agreement (NAFTA) binational panel's decision, issued April 19, 2004, in its review of the final results of the affirmative antidumping (AD) and countervailing (CV) threat of injury re-determination on remand made by the International Trade Commission (ITC) with respect to certain softwood lumber products from Canada (Secretariat File No. USA-CDA-2002-1904-07).
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The NAFTA binational panel affirmed in part and remanded in part the ITC's final threat of injury determination on remand. (Remand decision, dated 04/19/04, available at http://www.nafta-sec-alena.org/app/DocRepository/1/Dispute/english/NAFTA_Chapter_19/USA/ua02071e.pdf)
Among other things, the NAFTA binational panel states that none of the three threat factors cited by the ITC in this case - the volume threat factor, the capacity threat factor, or the price threat factor - whether alone or in combination, indicate a threat of material injury in this case.
Therefore, the NAFTA binational panel informed the ITC that there is not substantial evidence to support the ITC's determination that the U.S. domestic softwood lumber industry is threatened with material injury by reason of subsidized and dumped imports of softwood lumber products from Canada.
The NAFTA binational panel states that the ITC is directed to conduct its threat of injury analysis consistent with its conclusions within a 21-day period. Therefore, the ITC is expected to issue its second determination on remand by May 10, 2004.
ITA notice (FR Pub 05/05/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10149.pdf