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Politics

Softwood lumber decision Tuesday is Trump's next chance to hammer Canada

Donald Trump's attack on Canada's softwood lumber industry last week was pretty vague. But this trade dispute is about to get very specific: the U.S. Department of Commerce will release its decision Tuesday on potentially damaging countervailing duties on Canadian imports.

U.S. Department of Commerce decision on countervailing duties expected April 25

U.S. President Donald Trump hadn't said much about Canada's long-running dispute with softwood lumber until last Thursday. He was supposed to be talking about steel when, with Commerce Secretary Wilbur Ross (2nd from left) standing at his side, he lumped lumber in with things he said were making NAFTA "a disaster." (Susan Walsh/Associated Press)

U.S. Commerce Secretary Wilbur Ross stoodbeside Donald Trump asthe U.S. president called Canada's actions against American trade interests "a disgrace."

"That also includes what's happening along our northern border states with Canada, having to do with lumber and timber," he said, a vague snarkthatswivelledheads on both sides of the border.

The testytrade intwo-by-fours wasn't expected to be raised until thisTuesday, when Ross's department is expected to levy countervailing duties on Canadiansoftwood lumber.

It's the first of two much-anticipated decisions. The second, onanti-dumping duties, wasdelayed to June 23 at the request of the U.S. Lumber Coalition, an extensionthe Canadian side had expected.

The powerful lobby group petitioned the American government in November, arguing U.S. producers and workers are injured by subsidizedimports from north of the border.

Mostof Canada's lumber comes from Crown lands, whichgovernments manage. However, Canada contends its pricing isnot artificially low:Crown timber auctionsare designed to reflectmarket rates.

Afinal, combined duty ratewon't be set until November. The U.S. International Trade Commission will confirm it in January 2018. The Canadian government won't be able to appealuntil the entire process is complete.

Preliminary duties: how damaging?

Canada's lumber companies are bracing themselves for afinancial hit in the meantime.

Some analysts are predicting countervailing duties of 10-15 per cent and anti-dumping duties of 20-30 per cent.

For comparison: the combined duties prior to the last softwood lumber agreement in 2006 were about 27 per cent.

Are the analysts right?

"There are so many things that arevariable.I'm not sure how they could actually put together a calculation. Plus there areknown unknowns for how they can gin up the duty rate," said Susan Yurkovich, the president of the Vancouver-based Council of Forest Industries.

"If it was based on facts and solid evidence, then there would be no duty, right?" she said."It's what's going to be in the make-believe minds of the department of commerce.

"Whatever the final duty rate is, we will begin the appeal as soon as that's posted," Yurkovich said."The full impact is not going to be felt until we start paying the combined duties next year."

Former cabinet minister David Emerson, left, who helped negotiate the last softwood lumber deal, is now B.C. Premier Christy Clark's trade envoy, trying to sort out the file once again to Canada's advantage. (Darryl Dyck/Canadian Press)

Punishing Canada's industry too aggressivelycould be risky for Trump.

"A lot of the people that voted for him are going to be negatively impacted when tariffs are placed on Canadian lumber,"saidNaomiChristensen, a senior policyanalyst with the Canada West Foundation.

Trump may champion the American dream, but research from the U.S. homebuildersassociation found thatfor every $1,000 increase in house prices (dueto higherlumber costs), 153,000 families are priced out of purchasing a home.

The same research suggests a 25 per cent lumber duty could cost 8,000 construction jobs. Other types of manufacturing could also be hurt: Canadian lumber is used for everything from pallets to mattresses (bed frames made of wood from cooler climates are, apparently, less prone to squeak.)

U.S. timber producersmay have higher salesin the short-term, but over the long-term, buildersmay switch to cheaper materials, Christensen said, cutting everyone's demand.

"It's really all very intertangled," shesaid. "Unfortunately, the lumber lobby is very loud. A lot of the time the consumer voices in the U.S. aren't as vocal."

Less to fear now?

The last lumber dealnegotiated by the previous Conservative government expiredin 2015. A one-year litigation standstill prevented the U.S. lobby from petitioning for new duties until last fall.

Efforts to negotiate a new deal continueunder the Liberals. ButTrump's trade representative still isn't confirmed,making talks difficult.

"This is an important sector," Canadian Finance Minister Bill Morneau said Friday in Washington. "You'll see from all of us a continued focus on this issue."

As Trump blasted away last week, Trade Minister Franois-Philippe Champagne left forChina, to promoteCanadian wood in Canada's largestalternative market.

Vietnam, Thailand, Indonesia, the Philippines and even Mexico could pick up moreslack if American sales slip.

Bothfinancially and strategically, Canada's industry is in a better place now than a decade ago.

Large Canadian companies have expanded into the U.S., so their overall balance sheets won't beso badly hit.

With U.S. housing starts on a bit of a march and the Canadian dollar relatively low, demand has beenstrong and may remain so, even after duties are paid.

But Tuesday's decision may still burn: duties may beretroactive for up to 90 days. Price hikes after the fact can be hard to swallow.

Canada's timber supply also isn'twhat it once was, followinginfestations and forest fires.

Tied up in NAFTAtargeting

Smaller companies, particularly those in Eastern Canada (far from Asianshipping ports), needAmerican customers.

Particularly troubling this time:the Americans haven't exempted theAtlantic provinces, wheretimber is mostly harvested on private land.

The Canadian industry hasalso beenfighting on a second front.

Earlier this month, a NAFTA review panel ruled that U.S. tariffs should be lowered or dropped for several Canadian mills that manufacturethe kind of glossy paper used in magazines or catalogues.

Softwood lumber isn't part of the North American Free Trade Agreement as it stands.

That didn't stop Trump from framing it as part of the "trading disaster" he's going to renegotiate or scrap. What could he have meant, then?

Dispute settlement provisions included in NAFTA'sChapter 19 allow Canada toappeal U.S. lumber duties to both a NAFTA review panel and the World Trade Organization.

Trump's draft letter to Congress about his priorities forrenegotiationsuggestedeliminating Chapter 19. Appeal panels frequently rule against U.S. interests (and may do so again, should this dispute reach that stage.)

The last softwood lumber deal set tariffs and market access limits offering not free trade, but managed trade, for a limited time only.

"I hope the federal government is thinking: what win can we give the U.S. to include softwood in NAFTA?" Christensen said. "If we don't have this happening every decade or so, that would be beneficial."