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US takes Canada to court alleging BC softwood violations •

Canada is being brought before an international court by the US, which alleges BC is breaking the 2006 softwood lumber agreement by selling the province’s timber at artificially low prices.


January 19, 2011
by CANADIAN PRESS

OTTAWA: Canada is being brought before an international court by the US, which alleges BC is breaking the 2006 softwood lumber agreement by selling the province’s timber at artificially low prices.

The US trade representative has asked the London Court of International Arbitration to rule on the complaint that, insiders say, could result in a fine of up to $500 million.

Under the rules, a decision from the London court is final. The process can take up to two years to reach a verdict.

The complaint accuses the BC government of “dramatically” increasing the amount of timber infested by the mountain pine beetle it’s selling at the cut-rate price of 25 cents a cubic metre. This has given BC mills at unfair advantage in softwood sales, the US alleges.

An industry group calculates the practice has “saved BC interior lumber producers hundreds of millions of dollars in fibre costs,” allowing them to undercut US competitors.

Ottawa responded to the announcement saying it will “vigorously defend” the domestic industry in the proceedings.

Canadian Trade Minister Peter Van Loan said he was disappointed the US had taken the step to take the case to court and that the case was based on “unfounded allegations.”

BC forestry minister Pat Bell also denied the province had been cheating, saying American producers should have known there would be an effort to clear dead, beetle-infested timber.

“The history behind the United States is when they can’t compete on a level playing field, they try to skew the playing field,” Bell said.

“In 2006, when we signed the softwood lumber agreement, it was broadly known that there were huge swaths of pine forests that had been killed, and it was just a matter of time before those pine stands degraded.”

Bell said the industry has stepped up production of the damaged timber because it wants to get as much value as possible from the “dead pine” over the next decade.

The US acknowledges the pine beetle has damaged some timber, but said the amount classified by BC as “grade 4,” or cut-rate, can’t be justified.

“The central issue in the dispute involves the mis-assignment of public timber to the salvage ‘grade 4,’ which BC then sells to Canadian softwood lumber producers at the very low fixed rate,” the statement from the US trade representative Ron Kirk states.

In one previous case, the US won a judgment of $68 million in export duties as compensation for what the court ruled was cheating by Ontario and Quebec.
© The Canadian Press