There has been little or no progress in the talks between our two governments, as there have been no formal talks, to date.

Our understanding, subject to further clarification of the process, is that petitioning "CC" cannot be done until twenty days after expiration of the SLA, at which time a Congressional review determines the merits of the petition. The reason the attorneys believe (as we understand it) there could be a couple of weeks or more "window of opportunity", is that data is supposed to be gathered, reviewed, and a positive determination made and published. "CC" claims, restricted to a ninety-day retroactive backdating, cannot be invoked and implemented without the formal CVD/ADD injunction and amount. If a determination and amount were published sometime in August, the weeks after March 31^st (ninety days back from the August publication - all of April and part of May) could escape capture. However, if "CC" is determined and the CVD/ADD injunction and amount is determined and published earlier (the end of June or first part of July), the ninety-day retroactive action could capture all entries after midnight EST March 31^st. We are not suggesting that one should not export during the weeks immediately following March 31^st, we are just trying to provide our clients with as clear a picture as we are able at this juncture, of any and all nuances and potential liabilities relative to these exports.

Along with our belief, as stated earlier, that U.S. parties will petition to re-define "CC", determining that non re-negotiation of the SLA, itself, constitutes "CC", the U.S. Coalition, in an attempt to get Canada to compromise and acquiesce to an export tax, is also threatening to include subheadings 4418.90 and 4421.90 - builder’s joinery and other articles of wood.

Until such time that the CVD/ADD injunction is published, it is our understanding, that the Importer of Record’s existing Continuous 301 bond will suffice.