J&J International Trade Notice 2002-17

July 26, 2002

Canadian Softwood Lumber Clients

WTO Files "Panel Report" – Favors Canadian Position

One of our "Official" government sources in Washington, D.C. has confirmed the Canadian news media’s reporting this morning that they are in receipt of a highly confidential "WTO Panel Report" outlining the WTO’s preliminary determination with regard to the Canada Softwood Lumber Countervailing Duty and Anti-Dumping cases

C-122-839 and A-122-838, which contains a majority number of "points" favorable to Canada’s position.

We had to go through a large number of Washington contacts at the various agencies before finding anyone who would comment at all on this issue. Each, even our source, expressed their concerns that someone had "leaked" this information to the media, causing an understandable furor. But, having convinced them, finally, that the story WAS already circulating, we got them to agree that official confirmation by them, to include actual facts, would be beneficial to all concerned.

We have been asked to keep in mind that this is simply a preliminary interim panel report, submitted to the Canadian and U.S. governments for their review and initial response to the points made. This report will be made available shortly to all petitioning parties’ legal council. A "Final Determination" from the WTO will be forthcoming in approximately thirty days. Our source allowed that "in general, ‘Final Determinations’ rarely detour from the ‘Preliminary’". However, due to the complexities of this case, they would anticipate that appeals will be made, delaying for some time - any change to the present CVD/ADD collection requirements by U.S. Customs. Even understanding that, we are encouraged that this "report", however preliminary, is finally a step in the right direction and extremely good news for our clients.

As always, we will endeavor to keep you apprized of the latest developments in this matter.

Sincerely,

Jones & Jones Customs Brokers

 

 

Michael D. Jones, President