Dispute Settlement
WTO - Dispute Settlement Understanding (DSU)
Canada - US - Continued Dumping and Subsidy Offset Act of 2000
- (Byrd Amendment)
In January 2003, the World Trade Organization (WTO) ruled that
the U.S. Byrd Amendment is inconsistent with the United States’
WTO obligations. The WTO subsequently authorized eight WTO Members
to retaliate against the United States.
On May 1, 2005, Canada imposed trade retaliatory measures on certain
products originating from the United States in response to the failure
of the United States to repeal the Byrd Amendment. These measures
expired on April 30, 2006.
On July 14, 2006, the U.S. Court of International Trade (CIT) issued
its final judgement in the Canadian challenge of the Byrd Amendment.
The CIT ordered U.S. Customs not to disburse anti-dumping and countervailing
duties collected on imports from Canada and Mexico to U.S. companies.
U.S. industry groups and the government of the United States appealed
the CIT’s judgement to the U.S. Court of Appeals for the Federal
Circuit in September 2006. Canada cross-appealed the CIT’s
decision to deny the Government of Canada standing. A decision is
expected in early 2008.
Latest Developments
Questions and Answers 
About
the Byrd Amendment
Background on Byrd
The WTO Dispute, New Releases
and Backgrounders
- Canada welcomes vote by U.S. House of Representatives as key
step toward repeal of Byrd Amendment
News
Release - November 18, 2005
- Aide Mémoire delivered
to the United States Trade Representative on behalf of Brazil,
Canada, Chile, the European Union, India, Japan, Korea and Mexico
- June 3, 2005
- Canada Gazette Notice - Order
Suspending the Application of Concessions On Imports of Certain
Products Originating in the United States - May 4,
2005
- Canada's Retaliation Notification
to the WTO
- Canada Takes Action on Byrd Amendment
News
Release - April 26, 2005
- Customs
Notice: Surtax Imposed on Certain Products from the United States
- Byrd Amendment: Canada to Retaliate against United States
Press
Release and Backgrounder - March 31, 2005
- Update on Byrd Consultations
News
Release - December 22, 2004
- News
Release and Backgrounder - November 23, 2004
- Canada
Gazette Notice and List of Products Proposed for Possible Retaliation
Measures (pdf
8 pages)
- Canada's final retaliation authorisation
request - November 10, 2004
- Peterson pleased with WTO Arbitration decision on U.S. Byrd
Amendment
News
Release and Backgrounder - August 31, 2004
Decision
by the WTO Arbitrator - August 31, 2004 (pdf)
- US Byrd Amendment - WTO says
eight WTO Members may retaliate against the US - Press statement
by Brazil, Canada, Chile, the EU, India, Japan, Korea, and Mexico
- 31 August 2004
- Canada requests retaliation authorisation regarding the Byrd
Amendment
Canada's first retaliation authorisation
request
News
Release and Backgrounder - January 15, 2004
- Canada expects U.S. to comply with WTO Byrd Decision
News
Release and Backgrounder
- January 16, 2003
WTO Appelate Body Report
- January 16, 2003
(pdf - 119 pages, 289 KB)
- WTO Panel Report - September 16, 2002
Part I (346 pages,
975 KB)
Part II (39 pages,
99 KB)
- Communication from the Chairman
of the Panel - April 19, 2002
- Constitution of the Panel
- Secretariat Note - November 5, 2001
Corrigendum - November
12, 2001
- Request for Establishment
of a Panel by Canada - August 10, 2001
- Request for Consultations
by Canada and Mexico - June 1, 2001
Useful Links
Contact Us
If you have questions or comments, please contact International
Trade Canada at:
Trade Law Bureau (JLT)
Department of Foreign Affairs and International Trade Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario, K1A 0G2
Fax: 613- 944-0027
E-mail : consultations@international.gc.ca
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