Canada challenges U.S. decision to maintain duties on Canadian softwood lumber

January 17, 2024

Canada officially filed a notice of intent to challenge the United States International Trade Commission's (USITC) decision to maintain duties on Canadian softwood lumber products, under Chapter 10 of the Canada-United States-Mexico Agreement (CUSMA).

On November 30, 2023, as part of its sunset review process, the USITC voted to maintain duty orders on Canadian softwood lumber, having determined that material injury is likely to recur should the orders be revoked. The results of the USITC's sunset review were published in the United States' Federal Register on December 28, 2023.

Canada's decision to pursue its sunset review challenge under Chapter 10 of CUSMA was made in consultation with affected provinces, stakeholders and industry leaders.

As part of the sunset review challenge under CUSMA, a binational panel will be established and tasked with determining whether the decision to maintain duties on Canadian softwood lumber products was reached in a manner consistent with U.S. law.