{"id":79488,"date":"2017-06-22T11:20:34","date_gmt":"2017-06-22T11:20:34","guid":{"rendered":"http:\/\/usa.timesofnews.com\/2nd-wave-of-softwood-lumber-duties-sets-up-dangerous-talks-for-canada.html"},"modified":"2017-06-22T11:20:34","modified_gmt":"2017-06-22T11:20:34","slug":"2nd-wave-of-softwood-lumber-duties-sets-up-dangerous-talks-for-canada","status":"publish","type":"post","link":"https:\/\/usa.timesofnews.com\/breaking-news\/political\/2nd-wave-of-softwood-lumber-duties-sets-up-dangerous-talks-for-canada.html","title":{"rendered":"2nd wave of softwood lumber duties sets up &#8216;dangerous&#8217; talks for Canada"},"content":{"rendered":"<p>The other shoe is set to drop for softwood lumber producers Friday as\u00a0the U.S. Commerce Department is expected to reveal preliminary anti-dumping duties on Canadian imports.<\/p>\n<p>Combine this\u00a0with the retroactive\u00a0countervailing duties announced in April, and the already-high stakes for trade\u00a0negotiations between Canada and the United States may rise again.<\/p>\n<p>Regardless of whether there&#8217;s evidence of unfair trade, don&#8217;t expect a finding that lumber\u00a0was\u00a0not dumped &#8220;because you can&#8217;t get any\u00a0leverage for NAFTA negotiations from that position,&#8221; said Cyndee Todgham Cherniak, an international trade lawyer with\u00a0LexSage Professional Corporation.<\/p>\n<p>&#8220;You would need to have anti-dumping duties and countervailing duties for that negotiation to lead to a position where Canada has to concede.&#8221;<\/p>\n<ul>\n<li>\n<p><strong><a href=\"javascript:void(0)\">&#8216;Riskier than doing nothing&#8217;:\u00a0Softwood lumber\u00a0package may hurt, not help Canada&#8217;s case<\/a><\/strong><\/p>\n<\/li>\n<\/ul>\n<p>Late in 2016, the U.S. Commerce Department initiated two separate investigations\u00a0following a complaint from the U.S. lumber industry.<\/p>\n<p>The first focused on whether lumber production in Canada\u00a0is\u00a0unfairly subsidized by\u00a0government. It resulted in <a href=\"javascript:void(0)\">countervailing duties of up to 24 per cent<\/a>,\u00a0depending on where the two-by-fours come\u00a0from.<\/p>\n<p>The findings\u00a0of the\u00a0anti-dumping investigation will be\u00a0based on the\u00a0prices charged for that lumber in the U.S. If it concludes\u00a0lumber has flooded\u00a0in\u00a0at discount rates, duties are the remedy that\u00a0levels the playing field for American producers.<\/p>\n<p>Analysts expect anti-dumping duties between ten and 12 per cent. Both duties will be added to shipments from Canada for the rest of the key summer construction season.\u00a0<\/p>\n<p>Late in 2017, a\u00a0final determination by the Commerce Department will set a combined duty rate for Canadian lumber, in effect for\u00a0five years or more. It&#8217;s not rare for the final\u00a0figure to differ\u00a0from the preliminary duties.<\/p>\n<p>Canada is\u00a0expected to\u00a0appeal to both the World Trade Organization (WTO) and a North American Free Trade Agreement arbitration panel, likely after the final duties are known in early 2018.<\/p>\n<h2>Demand still strong<\/h2>\n<p>Canada&#8217;s lumber industry enjoyed a rare stretch of tariff-free trade with the U.S. in 2016, after the previous softwood lumber agreement expired. Its U.S. market share rose to 32 per cent, but has dropped\u00a0to about 27 per cent after the new duties.<\/p>\n<p>Three-quarters of Canada&#8217;s exports go to the U.S., although the federal government is aggressively pursuing alternative markets, <a href=\"javascript:void(0)\">particularly in Asia<\/a>.<\/p>\n<\/p>\n<blockquote class=\"twitter-tweet\" lang=\"en\">\n<p>Minister Champagne toured Tokyo Lumber Terminal  Log Road Daikanyama \u2013 showcasing Canada\u2019s high-quality wood here in <a href=\"javascript:void(0)\">#Japan<\/a>. <a href=\"javascript:void(0)\">pic.twitter.com\/t7QRgC3Fge<\/a><\/p>\n<p>\u2014<br \/>\n <a href=\"javascript:void(0)\">@CanadaTrade<\/a>\n<\/p><\/blockquote>\n<p>Figures cited this week by the Montreal Economic\u00a0Institute, a think tank that promotes free market solutions,\u00a0said that between January and May of 2017, the price of lumber in the U.S. rose by 17 per cent. Construction for a single-family home is\u00a0$2,400 US more expensive.<\/p>\n<p>&#8220;It is still too soon to evaluate these effects over the long term since there is much uncertainty in the market, with each player pursuing its own strategy,&#8221; said MEI analyst Alexandre Moreau\u00a0in a release. &#8220;For the moment, the weakness of the Canadian dollar, the strong demand on the American side and high prices are allowing Canadian producers to partially absorb the effects fo the tariffs.&#8221;<\/p>\n<p>Canadian lumber producers have laid off some employees.\u00a0But it&#8217;s unclear whether\u00a0Canadian production was just returning to previous levels after its brief\u00a0tariff-free boom.<\/p>\n<p>Todgham\u00a0Cherniak, the trade lawyer,\u00a0said the U.S. industry is banking on both duties inflicting real pain. The April finding\u00a0of &#8220;critical circumstances,&#8221; which allowed\u00a0duties to be applied retroactively, was meant to add to the cost of not settling yet, she said.<\/p>\n<p>What does the U.S. government want? &#8220;It&#8217;s hard for anybody to get their head around the dynamics of this administration,&#8221; Todgham Cherniak says.<\/p>\n<h2>Canadian hypocrisy?<\/h2>\n<p>U.S. Commerce Secretary Wilbur Ross said he would like softwood lumber to be dealt with before <a href=\"javascript:void(0)\">NAFTA renegotiations begin later this summer<\/a>.<\/p>\n<p>But Canadian negotiators have seen little evidence of serious negotiation to date from the Americans, with\u00a0Foreign Affairs Minister Chrystia Freeland\u00a0confirming last week\u00a0the two sides remain far apart.<\/p>\n<p> <img decoding=\"async\" src=\"https:\/\/i.cbc.ca\/1.4172586.1498101490!\/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\">From left, Foreign Affairs Minister Chrystia Freeland, Natural Resources Minister Jim Carr and International Trade Minister Francois-Philippe Champagne announced $867 million in financial support on June 1 to help Canada&#8217;s lumber industry in the face of new U.S. duties. (Adrian Wyld\/Canadian Press)<\/p>\n<p>&#8220;I think you&#8217;ll see negotiations start in earnest on softwood throughout the rest of the summer,&#8221; said trade lawyer Dan Ujczo. But he sees only\u00a0a 50-50 chance of a deal at this point.<\/p>\n<p>Part of the problem? A hypocritical argument Canada&#8217;s making on the effect of lumber tariffs on homebuilding costs.<\/p>\n<p>Ujczo\u00a0will\u00a0testify\u00a0at\u00a0NAFTA consultations in Washington next week on behalf of several clients, including the\u00a0Western Canada Alliance of Wall and Ceiling Contractors, which wants Canada to drop its drywall duties.<\/p>\n<p>They&#8217;ve been hit by a <a href=\"javascript:void(0)\">separate\u00a0trade dispute between Canada and the U.S. over drywall<\/a>\u00a0\u2014\u00a0and this time it&#8217;s Canada\u00a0that&#8217;s refusing to lift\u00a0duties on U.S. imports, adding to the cost of homebuilding in Canada.<\/p>\n<ul>\n<li>\n<p><strong><a href=\"javascript:void(0)\">Ottawa to reimburse drywall tariffs for Fort McMurray fire<\/a><\/strong><\/p>\n<\/li>\n<\/ul>\n<p>&#8220;Part of it is that Canada wants a negotiating chip,&#8221; Ujczo said, but &#8220;it&#8217;s very dangerous for Canada to be playing this game right now.&#8221;<\/p>\n<p>Putting\u00a0rising construction costs for U.S. consumers at the heart of its softwood lumber argument\u00a0in the U.S.\u00a0may backfire.<\/p>\n<p>&#8220;&#8216;Start at home first before you come talk to us&#8217; would easily be the U.S. position on that,&#8221; Ujczo said.<\/p>\n<h2>&#8216;Red meat&#8217; for Trump<\/h2>\n<p>&#8220;The U.S. doesn&#8217;t care if it&#8217;s hurting the Canadian forestry industry. It&#8217;s protecting to make America great again, right?&#8221; Ujczo\u00a0said.\u00a0<\/p>\n<p>&#8220;Mexican drywall is coming into Canada to fill that demand,&#8221; he said. &#8220;That&#8217;s red meat for the Trump administration.&#8221;<\/p>\n<p> <img decoding=\"async\" src=\"https:\/\/i.cbc.ca\/1.4089087.1493325395!\/cpImage\/httpImage\/image.jpg_gen\/derivatives\/original_620\/aptopix-trump-us-canada.jpg\" alt=\"APTOPIX Trump US Canada\" width=\"100%\" \/><\/p>\n<p class=\"figure-caption\">Prime Minister Justin Trudeau&#8217;s government appeared to warn U.S. President Donald Trump&#8217;s administration earlier this spring that other American industries may be targeted for Canadian trade actions if the softwood lumber dispute drags on. So far those threats have not escalated into action, and the file remains deadlocked. (Evan Vucci\/Associated Press)<\/p>\n<p>Canada could easily take the drywall issue off the table, he suggested.<\/p>\n<p>It&#8217;s not the only thing Canada may need to concede.<\/p>\n<p>When he dug\u00a0into the math of the April countervailing duties decision,\u00a0Ujczo\u00a0said, it&#8217;s clear the Commerce Department is targeting\u00a0B.C.&#8217;s raw log export restrictions for private land.<\/p>\n<p>It may intend to protect sawmill jobs, but he said it&#8217;s an &#8220;antiquated protectionist measure&#8221; that Canada should be prepared to deal away.<\/p>\n<p>The larger\u00a0NAFTA\u00a0renegotiation is\u00a0&#8220;inextricably intertwined&#8221; in the minds of many members of the U.S. Congress, he said.\u00a0<\/p>\n<p>&#8220;Softwood lumber has always had the potential to throw everything off the rails,&#8221; he said. &#8220;It certainly can change the tenor and tone of the NAFTA\u00a0negotiations.&#8221;<\/p>\n<ul>\n<li>\n<p><strong><a href=\"javascript:void(0)\">No cutoff to finish NAFTA talks as US hunts for best deal<\/a><\/strong><\/p>\n<\/li>\n<\/ul>\n<\/p><\/p>\n<p>Article source: http:\/\/www.cbc.ca\/news\/politics\/softwood-lumber-anti-dumping-advancer-1.4171528?cmp=rss<\/a>\r\n<\/p>","protected":false},"excerpt":{"rendered":"<p>The other shoe is set to drop for softwood lumber producers Friday as\u00a0the U.S. Commerce Department is expected to reveal preliminary anti-dumping duties on Canadian imports. Combine this\u00a0with the retroactive\u00a0countervailing duties announced in April, and the already-high stakes for trade\u00a0negotiations between Canada and the United States may rise again. Regardless of whether there&#8217;s evidence of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":79489,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[84],"class_list":["post-79488","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\/79488","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=79488"}],"version-history":[{"count":0,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/posts\/79488\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/media\/79489"}],"wp:attachment":[{"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/media?parent=79488"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/categories?post=79488"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/usa.timesofnews.com\/breaking-news\/wp-json\/wp\/v2\/tags?post=79488"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}