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August 11, 2005 

Canada Claims Victory After NAFTA Extraordinary Challenge Committee Dismisses U.S. Softwood Lumber Claims

A three-person NAFTA Extraordinary Challenge Committee (ECC) yesterday issued a unanimous decision dismissing U.S. claims that an earlier NAFTA panel ruling involving countervailing duties imposed on Canadian softwood lumber was incorrectly decided.

The Canadian lumber industry is claiming this is the final blow that should end the dispute and are demanding quick return of the $5 billion in countervailing duties paid by U.S. importers of softwood lumber products. After the decision was announced, the USTR issued the following statetement:

"We are, of course, disappointed with the ECC's decision, but it will have no impact on the antidumping and countervailing duty orders given the ITC's November 2004 injury determination. We continue to have concerns about Canadian pricing and forestry practices. We believe that a negotiated solution is in the best interests of both the United States and Canada, and that litigation will not resolve the dispute."

The U.S. and Canada are expected to resume talks aimed at negotiating a solution to the softwood dispute next week.

The ECC's opinion can be viewed at the following link:
www.nafta-sec-alena.org/app/DocRepository/1/Dispute/
english/NAFTA_Chapter_19/USA/ue2004010e.pdf

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