Decisions of the Appellate Body of the World Trade Organization United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada Download the Complete Survey (PDF Format) * WTO Appellate Body Report: United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada, WT/DS257/AB/R, adopted 17 February 2004. United States, Appellant/Appellee; Canada, Appellant/Appellee; European Communities, India and Japan, Third Participants. Division: Baptista, Lockhart and Sacerdoti. Major Topics Addressed by the Appellate Body: (i) financial contribution by providing goods dnder Art. 1.1(a)(1)(iii) of the SCM Agreement; (ii) determination of benefit under Art. 14 of the SCM Agreement; (iii) downstream subsidization under Arts. 10 and 32.1 of the SCM Agreement and Art. VI:3 of GATT. 1. Abstract This case concerned a complaint by Canada concerning countervailing duties imposed by the U.S. against imports of certain softwood lumber products from Canada. The Appellate Body rejected Canada's argument that standing timber is not a "good" for purposes of Art. 1.1(a)(1)(iii) of the SCM Agreement. It found that there might be circumstances in which Art. 14 of the SCM Agreement would permit references to data other than prevailing market prices in the member state providing the subsidy, but was unable to complete the analysis with respect to the U.S. use of certain U.S. prices as proxies. It found that under some circumstances an analysis of the extent of "pass-through" of the subsidy on logs to producers of other products who purchase the logs at arm's length would be required. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems
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