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Chronology of events: the AD-CVD cases
U.S. anti-dumping and countervailing duty cases against imports of Canadian hard red spring and durum wheat.
Sept. 13, 2002
The North Dakota Wheat Commission and the U.S. Durum Growers Association file petitions seeking anti-dumping and countervailing duties on imports of durum and hard red spring wheat from Canada. These bring to 13 the total number of U.S. wheat trade
challenges launched since free trade was introduced in 1989.
Oct. 23, 2002
The U.S. Department of Commerce (DOC) initiates countervailing and anti-dumping investigations.
Nov. 25, 2002
The U.S. International Trade Commission (ITC) makes a preliminary determination that Canadian imports of durum and hard red spring wheat cause injury to U.S. farmers.
Mar. 4, 2003
The DOC makes a preliminary determination that two Canadian programs represent countervailable subsidies: provision of government railcars and the government guarantees to the Canadian Wheat Board. Provisional duties of 3.94 per cent are imposed on
durum and hard red spring wheat.
May 2, 2003
The DOC makes a preliminary determination in the anti-dumping case, resulting in provisional duties of 8.15 per cent on durum and 6.12 per cent on imports of Canadian hard red spring wheat.
Aug. 29, 2003
The DOC makes final determinations. In the countervail case, the DOC identifies what it calls "comprehensive financial risk coverage" and the provision of government railcars as subsidies. It sets a countervail rate of 5.29 per cent for both durum
and hard red spring wheat. In the anti-dumping cases, it decides dumping is occurring and sets dumping margins of 8.26 per cent for durum and 8.87 per cent for hard red spring wheat.
Oct. 3, 2003
The ITC determines that imports of durum wheat from Canada do not injure U.S. durum producers, but is split 2-2 on whether imports of Canadian hard red spring wheat injure the U.S. wheat sector. The split decision favours the plaintiff and, as a
result, a 14.2-per-cent tariff continues to apply to imports of hard red spring wheat, while the tariff on durum is lifted.
Nov. 3, 2003
The CWB joins the Government of Canada and provincial governments of Saskatchewan and Alberta in filing an appeal for a NAFTA review panel to examine the DOC countervailing duty determination.
Nov. 24, 2003
The CWB files a request for a NAFTA panel review of the injury decision on the grounds that the ITC decision is unsupported by substantial evidence.
Dec. 23, 2003
The North American Millers' Association files complaints with NAFTA, also citing lack of substantial evidence.
July 9, 2004
The NAFTA panel is selected to review the DOC countervail decision, following appeals by the CWB and governments of Canada, Saskatchewan and Alberta.
July 30, 2004
The U.S. Court of International Trade dismisses an appeal by the North Dakota Wheat Commission of the ITC determination that Canadian durum imports are not injuring the U.S. durum industry.
Aug. 3, 2004
The NAFTA panel is selected to review the ITC injury decision, after an appeal by the CWB.
Oct. 26, 2004
NAFTA panel holds hearings re. appeal of countervailing duties.
Mar. 10, 2005
The NAFTA panel reviewing the DOC countervail determination announces its decision. The panel agreed with the CWB arguments and rejected the DOC's treatment of the three CWB government guarantees as a single program under the heading of "financial
risk coverage". The panel has required each guarantee to be separately evaluated, which could lead to reduction or removal of the duties. After being granted a time extension, the DOC has until Aug. 8, 2005 to respond.
Mar. 9, 2005
NAFTA panel holds hearings re. appeal of injury determination.
June 7, 2005
The NAFTA panel concludes that the ITC determination on injury was not supported by substantial evidence. The panel remands this decision back to the ITC for resolution, attaching nine specific conditions that must be satisfied. The ITC has 90 days
to respond.
August 8, 2005
The DOC responds to the first NAFTA panel directive by lowering the contervailing duty rate to 2.54 per cent from 5.29 per cent. The total tariff is now 11.4 per cent.
October 5, 2005
The ITC reverses its injury decision, paving the way for tariff removal.
Dec. 12, 2005
The NAFTA panel issues its final decision.
Jan. 2, 2006
Duty liability is removed on Canadian wheat imports to the U.S.
Feb. 24, 2006
The tariff is lifted.