The NAFTA report said the U.S. made a mistake in calculating its duties based on U.S. prices, and by not taking Canadian market conditions into consideration. It ordered Washington to recalculate them. NAFTA decisions are legally binding and must be put into effect within 60 days.
Two weeks later, a WTO panel concluded that the U.S. wrongly applied harsh duties on Canadian softwood exports. The panel also found that provincial stumpage programs provide a "financial benefit" to Canadian producers. But, the panel made it clear that the benefit is not enough to be a subsidy, and does not justify current U.S. duties.
On Aug. 10, 2005, an "extraordinary challenge panel" under NAFTA dismissed
American claims that the earlier NAFTA decision in favor of Canada violated trade rules.But by November 2005, the U.S. Commerce Department said it would comply with the NAFTA ruling, even though it disagreed with it.
The following month, the U.S. Commerce Department said it had recalculated its countervailing and anti-dumping duties on softwood. The result? The new duties would be set at a total of 10.8 percent, almost halving the old rate. The decision was expected to save Canadian lumber companies $600 million a year.
In February 2006, the U.S. lumber lobby said the World Trade Organization had ruled that the U.S. had complied with its international obligations while applying antidumping duties against Canadian lumber imports. Canadian officials countered that the U.S. was continuing to artificially inflate anti-dumping rates by using different calculation methods to avoid complying with an earlier WTO decision.
In March 2006, a NAFTA panel again ruled in Canada's favor, finding that Canadian softwood lumber exports are not subsidized. At this point, the total duties collected by the U.S. had reached $5.2 billion.