This week's decision is the first of two investigations that began following a petition launched last fall by the Committee Overseeing Action for Lumber International Trade or Negotiations (COALITION), which includes the Washington-based U.S. Lumber Coalition lobby group, a carpenters union and about a dozen American timber producers and sawmills.
It claims to represent the concerns of about 70 per cent of the U.S. industry.
The investigation looked at the top four Canadian companies that export to the U.S.: West Fraser; Tolko, Canfor and Resolute Forest Products.
Duties will be applied to these major importers as follows, based on the department's determination of relative injury to the U.S. industry:
- Canfor: 20.26 per cent.
- Resolute: 12.82 per cent.
- Tolko: 19.50 per cent.
- West Fraser: 24.12 per cent.
All other Canadian imports will be subject to duties of 19.88 per cent, with one exception.
J.D. Irving, an Atlantic Canadian company that harvests timber from largely private forests in the Maritimes, asked for a separate review of its operations.
Based on that investigation, duties on Irving products will be only 3.02 per cent.
Last week, the New Brunswick government said it was
still fighting to exempt other Maritime producers from the U.S. actions.
The duties are expected to be collected at the border starting early next week.
Many provinces have now appointed envoys to work towards a new softwood lumber deal with the U.S. In B.C., Christy Clark (right) appointed David Emerson (left), the Conservative cabinet minister who brokered the 2006 deal. (Darryl Dyck/Canadian Press)
In addition, the Commerce Department found that "critical circumstances exist," justifying the charging of retroactive duties for Canadian imports shipped over the last 90 days by all companies except for the four largest importers who were part of the investigation.
These large companies do not face the retroactive duties – only the smaller companies will.
Canadian companies will be billed for these payments shortly, with payments due upon receipt.
Susan Yurkovich, the president of the B.C. lumber trade council, said in a statement that this finding of critical circumstances represents an "unprecedented departure" from the previous U.S. approach and is "entirely arbitrary."