Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products From Canada: NAFTA Panel Decision

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On August 31, 2004, a North American Free Trade Agreement ("NAFTA") Panel reviewing the International Trade Commission's ("ITC's") findings that an industry in the United States was threatened with material injury by reason of imports of softwood lumber from Canada, remanded the case to the ITC with explicit instructions directing the ITC to reverse its affirmative determinations. Certain Softwood Lumber Products from Canada, USA-CDA-2002-1904-07, Second [sic] Remand Decision of the Panel (August 31, 2004) ("Panel Decision III"). On September 10, 2004, while the ITC contested the Panel's authority to reverse the ITC's decision in these circumstances, a majority of the ITC Commissioners issued a determination consistent with the Panel's decision. Softwood Lumber from Canada, Inv. Nos. 701- TA-414 and 731-TA-928 (Remand) (Third) (September 10, 2004) ("Third Remand"). The Panel affirmed the Third Remand on October 12, 2004, and subsequently directed the NAFTA Secretariat to issue a Notice of Final Panel Action on October 25, 2004. Consistent with the decision of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") in Timken Co. v. United States, 893 F.2d 337