January 11, 2018

Canada files WTO complaint over U.S. trade remedy measures

Canada has requested World Trade Organization (WTO) consultations with the United States concerning certain laws, regulations and other measures maintained by the U.S. with respect to anti-dumping and countervailing duty proceedings. The request was circulated to WTO members on 10 January.

Canada considers that the measures relating to U.S. anti-dumping or countervailing duty investigations, reviews or other proceedings are inconsistent with U.S. obligations under the WTO's agreements and understandings.

Canada is specifically raising issues about the following American measures:

A. The Liquidation of Final Anti-Dumping and Countervailing Duties in Excess of WTO-Consistent Rates and Failure to Refund Cash Deposits Collected in Excess of WTO-Consistent Rates

B. Retroactive Provisional Anti-Dumping and Countervailing Duties Following Preliminary Affirmative Critical Circumstances Determinations

C. The US Treatment of Export Controls in Countervailing Duty Proceedings

D. The Improper Calculation of Benefit in Countervailing Duty Proceedings involving the Provision of Goods for Less than Adequate Remuneration

E. The United States' Effective Closure of the Evidentiary Record before the Preliminary Determination

F. The US International Trade Commission Tie Vote Provision

The request for consultations formally initiates a dispute in the WTO. Consultations give the parties an opportunity to discuss the matter and to find a satisfactory solution without proceeding further with litigation. After 60 days, if consultations have failed to resolve the dispute, the complainant may request adjudication by a panel.

Link: Request for consultations by Canada (pdf)