WTO Dispute Settlement Proceeding Regarding the U.S. Department of Commerce Preliminary Countervailing Duty Determination and Preliminary Critical Circumstances Determination Concerning Certain Softwood Lumber From Canada, and Section 777a(e)(2)(A) and (B) of the Tariff Act of 1930

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The Office of the United States Trade Representative (USTR) is providing notice that on August 21, 2001, the United States received from Canada a request for consultations under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) regarding the U.S. Department of Commerce (DOC) preliminary countervailing duty determination and preliminary critical circumstances determination concerning certain softwood lumber from Canada, as well as section 777a(e)(2)(A) and (B) of the Tariff Act of 1930 (19 U.S.C. 1677f- 1(e)(2)(A) and (B)). Canada alleges that: DOC's preliminary countervailing duty determination is inconsistent with Articles 1, 2, 10, 14, 17.1, 17.5, 19.4, and 32.1 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) and Article VI:3 of the General Agreement on Tariffs and Trade 1994 (GATT 1994); DOC's preliminary critical circumstances determination is inconsistent with Articles 17.1, 17.3, 17.4, 19.4, and 20.6 of the SCM Agreement; and Section 777A(e)(2)(A) and (B) of the Tariff Act of 1930, 19 CFR Secs. 351.214(k) and 351.213(b) and (k), and the operation of these provisions in the DOC countervailing duty investigation of certa