Canada Launches Sweeping Trade Dispute Against United States


Canada launched a sweeping trade dispute against the United States with a WTO complaint filed on December 20, 2017 and published today.


"Canada appeared to be mounting a case on behalf of the rest of the world, since it cited almost 200 examples of alleged U.S. wrongdoing, almost all of them concerning other trading partners, such as China, India, Brazil and the European Union", stated Reuters in a news article on the complaint.


Canada claims that the United States maintains the following measures relating to anti-dumping or countervailing duty investigations, reviews or other proceedings, which are inconsistent with its WTO obligations:


  • 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;

  • retroactive provisional anti-dumping and countervailing duties following preliminary affirmative critical circumstances determinations;

  • treating export permitting processes, export levies, export restraints, export bans and other similar export controls as financial contributions and improperly initiating investigations into and/or imposing countervailing duties with respect to such export controls that apply to input products that are used or incorporated into products under investigation;

  • improper calculation of benefit in countervailing duty proceedings involving the provision of goods for less than adequate remuneration;

  • restricting interested parties from submitting factual information other evidence that would allow them to fully defend their interests in anti-dumping and countervailing duty investigations by effectively closing the evidentiary record before the preliminary determination; and

  • impartial administration of the US International Trade Commission tie vote provision.


For further information, please contact Lisa DeMarco at lisa@demarcoallan.com.

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