Global Affairs has published an update on 27 August 2017 on recent development on the softwood lumber dispute whereby during the gap period no countervailing duties will be collected.
The United States Customs and Border Protection has been collecting cash deposits equivalent to the applicable preliminary countervailing duty rate for all softwood lumber products captured within the scope of the U.S. investigations as of 12:00 a.m. on April 28, 2017. The U.S. Tariff Act provides that preliminary countervailing duties cannot be in place for more than 120 calendar days. Consequently, the period of time when preliminary countervailing duties can be collected under the U.S. Tariff Act ends as of 11:59 p.m. on August 26, 2017.
Final countervailing duty rates would be set once the U.S. International Trade Commission publishes final affirmative injury determinations, following final affirmative duty determinations by the U.S. Department of Commerce. This could occur as early as late October if the U.S. Department of Commerce does not extend the timelines for the final determinations, or possibly as late as early January 2018, if the timeline for final determinations is extended.
There will therefore be a “gap period” between the end of the authorized period for collection of preliminary countervailing duties (as of 11:59 p.m. on August 26, 2017) and the beginning of the collection of any final countervailing duties imposed by the U.S. Department of Commerce. During this gap period, no countervailing duties should be collected. It is possible that delays or unforeseen oversights in the administrative process may result in U.S. Customs and Border Protection in some cases collecting countervailing duties during the gap period. Any deposits collected during the gap period will be refunded.
Any questions or concerns please contact:
Softwood Lumber Division (TNS)
Global Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario K1A 0G2
Fax: 613-944-8950
Email: [email protected]