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Week of August 18, 2003

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President's Message

* Building for Tomorrow Starts With Accommodative Housing Policies

Housing Forum

* Building 'Green' Starts With Tree Preservation

Housing Politics

* NAFTA Panel Rejects 19% Duties on Canadian Lumber

Housing and Economics

* Second-Quarter Home Resale Prices Show Record Gains
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* Construction Defect Laws Scoring Success in a Growing Number of States
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* Residential Ventilation Standard Appealed by NAHB

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* Ask the Lawyer — About Subdivision Covenants

Small Builders and Remodelers

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Seniors Housing

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* New Council Formed for Systems-Built Housing

Labor

* Field Superintendent Training Draws Crowds in Orlando

Women's Council

* Women Expanding Ownership of U.S. Private Businesses

Building Products

* Acrylic Block Windows Provide Privacy and Fresh Air

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* Survey Aimed at Improving Arbitration Services
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NBN Back Issues

 

NAFTA Panel Rejects 19% Duties on Canadian Lumber

A bi-national North American Free Trade Agreement (NAFTA) panel has rejected 19% U.S. countervailing duties on Canadian lumber imports.

In an Aug. 13 ruling, the panel found that the U.S. acted in a manner that is “unsupported by substantial evidence and is contrary to law” when it imposed tariffs based on comparisons of timber prices in the two nations.

NAHB First Vice President Bobby Rayburn noted that the decision by NAFTA reaffirmed a ruling by the World Trade Organization (WTO) several weeks earlier finding that the U.S. Commerce Department used an incorrect method to arrive at the conclusion that Canadian producers are subsidized.

“Taken together, these rulings bring home a point that we have been making all along,” said Rayburn. “The Commerce Department’s imposition of high duties based on alleged subsidies has no merit.”


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In order for a countervailing duty to be imposed, the Commerce Department must find that foreign producers receive government subsidies, and the U.S. International Trade Commission must find that U.S. producers are injured or threatened with injury.

A separate case challenging the ITC’s finding that U.S. producers are indeed threatened with injury has yet to be decided.

There are currently duties of more than 27% on Canadian lumber shipments into the U.S., including 8% anti-dumping duties.

If fully reflected in U.S. lumber prices, the combined duties could add more than $1,000 to the cost of building a new home, imposing a hidden tax on American home buyers, renters and consumers.

Rayburn said that while NAHB does not believe that current Canadian forest practices are subsidized, the association does agree it is in the best interests of all parties for Canada to work to adopt a pricing system that is more open.

NAHB is urging the Commerce Department to assess the impact of the duties on American consumers and to take all actions needed to comply with the decisions of WTO and NAFTA dispute resolution panels.

In addition, bipartisan resolutions now pending in both the House and Senate call for the WTO and NAFTA cases to proceed expeditiously; they also call for “open trade between the United States and Canada on softwood lumber free of trade restraints that harm consumers.”
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