Book contents
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
- References
6 - United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
- References
Summary
Introduction
This note addresses the Word Trade Organization (WTO) dispute United States – Final Countervailing Duty Determination With Respect To Certain Softwood Lumber From Canada (WT/DS257); denoted “Softwood Lumber IV ” below. The issues discussed by the Panel and the Appellate Body (AB) in this dispute are very closely related to those examined by the Panel in United States – Preliminary Countervailing Duty Determination With Respect To Certain Softwood Lumber From Canada (WT/DS236); to be referred to as “Softwood Lumber III.” This dispute was not appealed, and the AB thus did not have the opportunity to provide its view on the issues raised in the dispute. The fundamental character of several of the issues at stake in both these disputes makes the AB's determination in Softwood Lumber IV particularly interesting.
The Panel in Softwood Lumber IV – “the Panel” if not stated otherwise – saw itself as facing seven claims by Canada:
(1) The United States Department of Commerce (USDOC) erred in determining that “stumpage” is a financial contribution in the form of the provision of a good by provincial governments.
(2) The USDOC erred in finding that the Canadian provincial stumpage programs confer a benefit.
(3) Even if stumpage does provide subsidies, the USDOC erred in not conducting a pass-through analysis in determining subsidization of softwood lumber in the case of certain upstream transactions for inputs.
(4) The USDOC failed to determine that the programs are specific subsidies within the meaning of Art. 2 of the Agreement on Subsidies and Countervailing Measures (SCM).
(5) The USDOC inflated the subsidy amount by using an inaccurate factor to convert the US log measurements into cubic meters.
[…]
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- The WTO Case Law of 2003The American Law Institute Reporters' Studies, pp. 130 - 145Publisher: Cambridge University PressPrint publication year: 2006