United States – Final Dumping Determination on Softwood Lumber from Canada - Recourse to Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes by Canada (WT/DS264): Report of the Panel

Summary

INTRODUCTION

On 19 May 2005, Canada requested the establishment of a panel pursuant to Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter “DSU”) concerning the United States’ alleged failure to implement the recommendations and rulings of the Dispute Settlement Body (hereinafter “DSB”) in the dispute “United States – Final Dumping Determination on Softwood Lumber from Canada”.

At its meeting on 1 June 2005, the DSB referred this dispute to the original panel, in accordance with Article 21.5 of the DSU, to examine the matter referred to the DSB by Canada in document WT/DS264/16. At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Canada in document WT/DS264/16, the matter referred to the DSB by Canada in that document and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”.

On 3 June 2005, the Panel was composed as follows:

Chairman: Mr. Harsha V. Singh

Members: Mr. Gerhard Hannes Welge

Mr. Adrián Makuc.

China, the European Communities, India, Japan, New Zealand and Thailand reserved their third-party rights.

On 3 August 2005, following his appointment as a Deputy Director- General of the WTO Secretariat, Mr. Harsha Singh resigned from his position as Chairman of the Panel. Subsequently, on 18 August 2005 Canada requested the Director-General to appoint a replacement Chairperson, pursuant to paragraph 7 of Article 8 of the DSU.

On 26 August 2005, the Director-General appointed a new Chairman of the Panel. Accordingly, the composition of the Panel is as follows:

Chairman: Dr. Toufiq Ali

Members: Mr. Gerhard Hannes Welge

Mr. Adrián Makuc

The Panel met with the parties on 15-17 November 2005. It met with the third parties on 16 November 2005. The Panel issued its interim report to the parties on 14 February 2006.