{"id":78788,"date":"2017-06-07T12:36:05","date_gmt":"2017-06-07T12:36:05","guid":{"rendered":"http:\/\/usa.timesofnews.com\/?p=78788"},"modified":"2017-06-07T12:36:05","modified_gmt":"2017-06-07T12:36:05","slug":"riskier-than-doing-nothing-softwood-lumber-package-may-hurt-canadas-case-with-u-s","status":"publish","type":"post","link":"https:\/\/usa.timesofnews.com\/breaking-news\/political\/riskier-than-doing-nothing-softwood-lumber-package-may-hurt-canadas-case-with-u-s.html","title":{"rendered":"&#8216;Riskier than doing nothing&#8217;: Softwood lumber package may hurt Canada&#8217;s case with U.S."},"content":{"rendered":"<p>When the federal government sets out to bolster a sector\u00a0already under fire for getting too much of a boost, it has to tread carefully.<\/p>\n<p>Last week, Natural Resources Minister Jim Carr tried to explain how his softwood lumber action plan was an &#8220;appropriate response&#8221; to U.S. countervailing duties.<\/p>\n<p>Right on\u00a0cue, the U.S. lobby driving the new levies called it\u00a0a &#8220;new government subsidy&#8221; that\u00a0&#8220;further tilts the trade scale.&#8221;<\/p>\n<p>The upshot? Don&#8217;t expect a softwood lumber deal\u00a0anytime soon. The\u00a0renegotiation of the North American Free Trade Agreement (NAFTA) may be\u00a0getting harder as well.<\/p>\n<ul>\n<li readability=\"1\">\n<p><a href=\"javascript:void(0)\"><strong>Ottawa announces $867M in financial assistance for softwood lumber industry<\/strong><\/a><\/p>\n<\/li>\n<\/ul>\n<p>Coming forward with an assistance package is &#8220;riskier than doing nothing,&#8221; said Meredith Lilly,\u00a0a former trade adviser to Stephen Harper\u00a0who&#8217;s\u00a0now at Carleton University.<\/p>\n<p>But after both Quebec and Ontario called for federal help, ministers were compelled to do something. &#8220;They&#8217;re kind of in a difficult position,&#8221; she said.<\/p>\n<p>Carr said last week the package would &#8220;stand the test of scrutiny.&#8221;\u00a0<\/p>\n<p>Lilly doesn&#8217;t think it&#8217;s vulnerable to trade litigation. The loans and loan guarantees, for example, are\u00a0&#8220;on commercial terms.&#8221;<\/p>\n<p>But legal arguments may\u00a0be\u00a0trumped by the optics of a nearly $1 billion bailout. From the political perspective, &#8220;there&#8217;s no reason the U.S. wouldn&#8217;t attempt to fold this in to part of their arguments,&#8221; she said.<\/p>\n<p class=\"figure-caption\"><strong class=\"spaced\">Ottawa announces $867M in financial assistance for softwood lumber industry<\/strong>6:33<\/p>\n<p>What&#8217;s more, &#8220;when developing a package that is safe from a legal perspective, what you might be announcing in the end might be a bit more sizzle than steak,&#8221; she said.<\/p>\n<p>That makes\u00a0it hard to satisfy the political expectations of the companies and workers you&#8217;re trying to keep afloat <a href=\"javascript:void(0)\">until new markets can be found<\/a>.\u00a0<\/p>\n<h2>&#8216;Ransom money&#8217;<\/h2>\n<p>Former lumber council executive and trade diplomat Carl Grenier wanted the federal government to step up quickly. In the last softwood lumber dispute, Paul Martin&#8217;s Liberal government came to the table in 2005 with too little, too late, he said. The industry was already on its knees and desperate to get\u00a0a deal.<\/p>\n<p>An earlier package this time\u00a0tells the U.S. &#8220;if you want to play the same game again, we will support the industry,\u00a0and so you won&#8217;t get to bring us back to the table quickly [and]\u00a0do a quick and dirty deal,&#8221; he said.<\/p>\n<p>It&#8217;s also a sign the federal government isn&#8217;t terribly confident of a quick resolution to the dispute, whatever optimism\u00a0ministers may cling\u00a0to\u00a0in public. If things were about to be fixed, they wouldn&#8217;t need an action plan.<\/p>\n<p>A long dispute means\u00a0the U.S. collects more duties on Canadian products. In 2006,\u00a0$500 million of the final\u00a0settlement ended up\u00a0in\u00a0the pockets of U.S. lumber producers.<\/p>\n<p>&#8220;The appetite for this ransom money is still there with the [U.S. lumber] coalition,&#8221; he said. &#8220;Basically the U.S. has learned to game the system.&#8221;<\/p>\n<p> <img decoding=\"async\" src=\"https:\/\/i.cbc.ca\/1.4148488.1496777857!\/cpImage\/httpImage\/image.jpg_gen\/derivatives\/original_620\/canada-softwood-lumber-20170510.jpg\" alt=\"Canada Softwood Lumber 20170510\" width=\"100%\"\/><\/p>\n<p class=\"figure-caption\">In addition to loans and loan guarantees for struggling lumber producers, the federal government&#8217;s plan includes programs for workers who lose their jobs. (Darren Calabrese\/Canadian Press)<\/p>\n<p>Softwood lumber as a commodity doesn&#8217;t currently fall under the\u00a0NAFTA\u00a0agreement,\u00a0but disputes over softwood lumber duties can be appealed to a NAFTA tribunal.<\/p>\n<p>Grenier warns against trying to fold softwood lumber into the NAFTA renegotiations. <\/p>\n<p>&#8220;We&#8217;ll lose every time,&#8221; he said. There&#8217;s no pleasing the U.S. lobby.<\/p>\n<p>On top of that, Canada shouldn&#8217;t agree to get into a discussion about the rules for settling\u00a0disputes while one&#8217;s underway, he said.<\/p>\n<p>Eventually, Canada is expected to appeal the latest duties. If it wins under the\u00a0NAFTA\u00a0arbitration process, Canada gets\u00a0its money back.<\/p>\n<p>Canada won last time, but its\u00a0decision to accept a settlement anyway undermined that victory.<\/p>\n<p>Now the U.S. wants to renegotiate or even do away with NAFTA&#8217;s\u00a0Chapter 19 process.\u00a0<\/p>\n<p>&#8220;This is something Canada should resist at all costs,&#8221; Grenier said.<\/p>\n<p>Canada could still appeal to the World Trade Organization, but it\u00a0doesn&#8217;t return the duties paid.<\/p>\n<h2>&#8216;Timing seems off&#8217;<\/h2>\n<p>Canadian and American trade lawyer Mark Warner sees the package\u00a0as an &#8220;inviting target&#8221; for\u00a0Americans to challenge as an export subsidy.<\/p>\n<p>Regardless of what the WTO may eventually rule, coming out with this package now\u00a0&#8220;seems overly\u00a0aggressive,&#8221; he said, if Foreign Affairs Minister\u00a0Chrystia\u00a0Freeland\u00a0wants\u00a0to settle the softwood lumber file before diving into\u00a0NAFTA.<\/p>\n<p>&#8220;The timing seems off to me,&#8221; he wrote to CBC News, saying Freeland seems &#8220;remarkably tone deaf&#8221; about how asymmetrical the trade relationship is between the two countries.\u200e<\/p>\n<\/p>\n<p> <img decoding=\"async\" src=\"https:\/\/i.cbc.ca\/1.4148506.1496778358!\/cpImage\/httpImage\/image.jpg_gen\/derivatives\/original_620\/softwood-lumber-carr-20170601.jpg\" alt=\"Softwood Lumber Carr 20170601\" width=\"100%\"\/><\/p>\n<p class=\"figure-caption\">Foreign Affairs Minister Chrystia Freeland is in charge of trade negotiations with the Americans. While some want to resolve the softwood lumber dispute before NAFTA talks begin, it&#8217;s looking less and less likely. (Adrian Wyld\/Canadian Press)<\/p>\n<p>Brett House, the deputy chief economist at Scotiabank,\u00a0thinks the package is thoughtful and doesn&#8217;t run\u00a0afoul of the\u00a0rules.<\/p>\n<p>Helping displaced workers or finding new markets is outside the scope of litigation. As for government-backed\u00a0loans, today&#8217;s\u00a0low interest rates\u00a0mean\u00a0any discount is likely too\u00a0small to be\u00a0material, he said.<\/p>\n<p>The greatest\u00a0value of the loans may be\u00a0who&#8217;s eligible: <a href=\"javascript:void(0)\">large producers\u00a0named in the U.S. investigation<\/a>\u00a0may not\u00a0need them, but more marginal companies might.\u00a0<\/p>\n<p>&#8220;This potentially lowers the playing field a bit internally for smaller producers,&#8221; House\u00a0said. &#8220;The little guys are employing more people, almost more certainly, because they&#8217;re not using technology that&#8217;s as labour-saving as the big guys.&#8221;<\/p>\n<p>Turning\u00a0eligibility into a trade complaint would be &#8220;perverse,&#8221;\u00a0he said. The U.S. caused the problems in the first place.<\/p>\n<p>The way duties were levied\u00a0\u2014 with some producers paying more than others\u00a0\u2014 is\u00a0the latest U.S. attempt\u00a0to divide Canada&#8217;s\u00a0industry.<\/p>\n<p>More anti-dumping duties are expected June 23.<\/p>\n<p>&#8220;It&#8217;s every man for himself,&#8221; former lumber council executive Grenier said, with provinces each turning to\u00a0their own advisors.<\/p>\n<p>&#8220;U.S. authorities don&#8217;t care a whit about the way the forests are managed,&#8221; he said. &#8220;They only care about the possibility of kicking Canadian exporters of softwood lumber out of the market when prices are low.&#8221;<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p><\/p>\n<p>Article source: http:\/\/www.cbc.ca\/news\/politics\/softwood-lumber-package-risks-1.4148007?cmp=rss<\/a>\r\n<\/p>","protected":false},"excerpt":{"rendered":"<p>When the federal government sets out to bolster a sector\u00a0already under fire for getting too much of a boost, it has to tread carefully. Last week, Natural Resources Minister Jim Carr tried to explain how his softwood lumber action plan was an &#8220;appropriate response&#8221; to U.S. countervailing duties. Right on\u00a0cue, the U.S. lobby driving the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":78792,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[84],"class_list":["post-78788","post","type-post","status-publish","format-standard","hentry","category-political","tag-political"],"_links":{"self":[{"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/posts\/78788","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/comments?post=78788"}],"version-history":[{"count":0,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/posts\/78788\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/media\/78792"}],"wp:attachment":[{"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/media?parent=78788"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/categories?post=78788"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/tags?post=78788"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}