Canada files WTO complaint over US trade remedy measures

Published by the WTO yesterday (10/01/2018), Canada has requested WTO consultations with the United States concerning certain laws, regulations and other measures maintained by the US with respect to Anti-Dumping (AD) and Countervailing Duty (CD) proceedings. The request was circulated to WTO members on 10 January.

We understand that Canada considers the United States has maintained the following measures relating to AD and CD investigations, reviews or other proceedings, in which Canada believes are inconsistent with its WTO obligations as follows:

“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  

Finally, section 771(11) results in the United States administering its laws, regulations, and decisions in a manner that is not uniform, impartial, and reasonable because of the institutional bias it creates in favour of affirmative results in injury, threat of injury, or material retardation decisions which is “as such” inconsistent with Article X:3(a) of the GATT 1994.”

This could be the commencement of further proceedings depending on the Trump Administration’s next round of trade measures.

Prepared by: Russell Wilkinson

Position: CEO

Company: Trusted Trader International