Final AD/CVD Rates

Hard to rationalize. Where does the characterization of ‘dumping’ come in as a rationale in the prevailing supply-demand scenario?
Here is today’s report from Inside U.S. Trade’s World Trade Online (2 Nov 2017):

With the U.S. and Canada unable to reach a long-term settlement, the Commerce Department on Thursday announced affirmative final determinations in antidumping and countervailing duty investigations of softwood lumber imports from Canada.

The announcement prompted Canada to threaten litigation through the North American Free Trade Agreement or the World Trade Organization.

“While significant efforts were made by the United States and Canada, and the respective softwood lumber industries, to reach a long-term settlement to this on-going trade dispute, the parties were unable to agree upon terms that were mutually acceptable,” Commerce said in a statement. “As a result, the investigations were continued and Commerce reached its final determinations.”

Commerce said it determined that exporters from Canada have sold softwood lumber in the U.S. at 3.20 percent to 8.89 percent less than fair value. It also said Canada was providing unfair subsidies to its softwood lumber producers at rates from 3.34 percent to 18.19 percent.

The department will instruct Customs and Border Protection to collect cash deposits from lumber importers based on those final rates.

A fact sheet issued by the department noted that it found “critical circumstances” in the AD investigation for certain Canadian exporters but not others. “Consequently, Commerce will instruct CBP to impose provisional measures retroactively on entries of softwood lumber from Canada, effective 90 days prior to publication of the preliminary determination in the Federal Register, for the affected producers and exporters,” the fact sheet states.

It also notes that certain softwood lumber products “certified by the Atlantic Lumber Board (ALB) as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island (the Atlantic Provinces) from logs harvested in these three provinces should be excluded from the scope of the AD and CVD investigations.”

Commerce Secretary Wilbur Ross said that while he was “disappointed that a negotiated agreement could not be made between domestic and Canadian softwood producers, the United States is committed to free, fair and reciprocal trade with Canada.” He said the U.S. decision was “based on a full and unbiased review of the facts in an open and transparent process that defends American workers and businesses from unfair trade practices.”

Ross had been negotiating with Canada in the hopes of reaching a suspension agreement and pushed the final determination deadline from late August to November.

“I remain hopeful that we can reach a negotiated solution that satisfies the concerns of all parties,” Ross said on Aug. 29, announcing the extension through Nov. 14, which he said “could provide the time needed to address the complex issues at hand and to reach an equitable and durable suspension agreement.”

But Ross in June received criticism from the U.S. lumber industry when he tried to negotiate with the Canadians because, sources said then, the positions he outlined ran counter to the longstanding U.S. demand for a quota-only approach and would therefore undermine the U.S. negotiating position.

One source told Inside U.S. Trade in June that Ross “would like to get it off the table one way or the other,” before NAFTA renegotiation talks began in August. But, the source said, “Ross doesn’t know how complicated this is.”

Industry and government sources claimed Ross’s department was lacking the expertise needed in dealing with the file and doubted that Ross would be able to reach an agreement before the final determinations were set to be made.

Softwood lumber from Canada were estimated to be worth $5.66 billion in 2016, Commerce said.

The U.S. Lumber Coalition, which kicked off the case in November 2016, lauded the Commerce determinations. “We are pleased the U.S. government is enforcing our trade laws so that the U.S. lumber industry can compete on a level playing field,” the group’s co-chair, Jason Brochu, said in a statement. “The massive subsidies the Canadian government provides to their lumber industries have caused real harm to U.S. producers and their workers. With a fair-trade environment, the U.S. industry, and the 350,000 hardworking men and women who support it, have the ability to grow production to meet much more of our country’s softwood lumber demand.”

Canada, meanwhile, blasted the move in a statement issued by Foreign Affairs Minister Chrystia Freeland and Natural Resources Minister Jim Carr.

“The Government of Canada will continue to vigorously defend our industry against protectionist trade measures,” they said, calling the duties “unfair, unwarranted and deeply troubling.”

“We will forcefully defend Canada’s softwood lumber industry, including through litigation, and we expect to prevail as we have in the past,” they added. “We are reviewing our options, including legal action through the North American Free Trade Agreement and the World Trade Organization, and we will not delay in taking action.”

Carr and Freeland also said they would “continue to engage our American counterparts to encourage them to come to a durable negotiated agreement on softwood lumber.”

If the U.S. International Trade Commission makes affirmative final injury determinations in the softwood lumber case, Commerce said, the department will issue AD and CVD orders. A negative final injury determination will terminate the investigation with no duties assessed.

The ITC is set to make its final determinations by Dec. 18

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