Canada Appeals WTO Ruling on Softwood Lumber

Originally published by: LespromJune 6, 2019

The following article was produced and published by the source linked to above, who is solely responsible for its content. SBC Magazine is publishing this story to raise awareness of information publicly available online and does not verify the accuracy of the author’s claims. As a consequence, SBC cannot vouch for the validity of any facts, claims or opinions made in the article.

Canada have filed an appeal concerning the WTO panel report in the case brought by Canada in “United States — Anti-dumping measures applying differential pricing methodology to softwood lumber from Canada”. Canada requests the Appellate Body to review the Panel's findings and conclusions and to reverse it.

Mostly Canada appeals to the Panel’s “erroneous” interpretation of Article 2.4.2 of the “Anti-Dumping Agreement”. According to the appeal: “The Panel's finding that zeroing was permissible under the second sentence was based on an improper interpretation of Article 2.4.2.”

Also, the appeal noted that the Panel had departed without convincing reasons from the legal interpretations and reasoning contained in the report “US – Washing Machines”, in which the Appellate Body set out the correct interpretation of the relevant article and concluded that the United States' DPM measure was "as such" WTO-inconsistent.