Georges Remi, who authored the Tintin series
of books under the pen name Hergé, worked as an illustrator at Le
XXe
Siècle (The 20th Century), a right-wing
Catholic Belgian newspaper in Brussels. In 1940, the Nazis closed the
paper
and Hergé began working for Le Soir,
a pro-Nazi newspaper that insisted on its front page: "National
Socialism can bring us closer to God." Leon Degrelle, founder of the
Belgian Fascist party and the leader of
its SS division, declared "Tintin, c'est moi." Hergé was accused of being a Nazi collaborator and was imprisoned and interrogated after the war. He admitted: "I recognize that I myself believed that the future of the West could depend on the New Order. For many, democracy had proved a disappointment, and the New Order brought new hope. In light of everything which has happened, it is of course a huge error to have believed for an instant in the New Order." Hergé began the Tintin series in 1929 with Tintin in the Land of the Soviet, a direct attack against the Soviet Union. The book is an endless stream of anti-Soviet disinformation: Tintin's train is blown up by the secret police, he is held prisoner several times, he finds that Soviet factories are not even operational, Moscow is a "stinking slum" where only children who are Marxists get fed, all Soviet grain is exported abroad for propaganda purposes, and a Soviet agent intends to blow up all European capitals with dynamite. One typical anti-communist quote from the dialogue is, "You're in the hideout where Lenin ... and Stalin have collected together wealth stolen from the people!" Tintin in the Congo, Hergé's second book released a year later, is openly racist and colonialist, portraying the Congolese as infantile and stupid and needing guidance from their white Belgian masters. In the scene where Tintin teaches Congolese school children about geography, he states: "My dear friends, today I'm going to talk to you about your country: Belgium!" The book has been the subject of many human rights complaints and English publishers refused to publish it until 1991. In 2004, when Congolese Information Minister Henri Mova Sakanyi described remarks by the Belgian foreign minister as "racism and nostalgia for colonialism," he commented that it was like "Tintin in the Congo all over again." Twenty-one more Tintin books appeared before Hergé's death in 1983. During the Nazi Occupation of Belgium, while he worked at Le Soir, Hergé decided it was safer to write about "non-political" subjects. In fact, under the Nazi regime he abandoned his story Land of Black Gold because it depicted political conflicts in the British Mandate of Palestine. The Crab with the Golden Claws (1941), The Secret of the Unicorn (1943) and Red Rackham's Treasure (1944) are three of the books Hergé wrote at this time. The first is about drug smuggling and the other two focus on a treasure hunt. Certainly, none of the three is anti-Nazi, anti-fascist or even remotely progressive. For example, the villain in The Crab with the Golden Claws is an Arab named Omar Ben Salaad, several of whose minions are black Africans. Spielberg's movie Tintin is based on these three books, with the plot focusing on the treasure hunt. Spielberg alters and integrates the original stories to suit his purposes. One major change is that he turns the harmless Russian ship collector from the two later books, Ivan Ivanovitch Sakharine, into his film's diabolical villain. (Ivan Ivanovitch is the name used in fiction for the "typical" Russian.) Spielberg's resurrection of Tintin and its anti-Soviet origins follows his 2008 movie, Indiana Jones and the Kingdom of the Crystal Skull where the Russians are also the main enemy in keeping with the outlook of U.S. imperialism. Even with the Cold War supposedly over, the U.S. imperialists still see Russia as their main rival and are seeking every opportunity to discredit her, encircle her and foment internal disruptions. "In the Land of Blood and Honey"U.S. celebrity actress and UN Goodwill Ambassador Angelina Jolie, promoted her new film and directorial debut about the 1992-1995 Bosnian War, In the Land of Blood and Honey, in a February 18 interview with Al Jazeera's Balkans' branch. Set in Sarajevo, Jolie graphically and falsely portrays the Serbs as unrepentant murderers and mass rapists while whitewashing all other participants. Jolie's pro-imperialist propaganda film aims to justify the U.S.-NATO intervention in Bosnia in the early 1990s and, overall, promotes the U.S.-NATO's genocidal 'humanitarian intervention' war doctrine. Writing in the Washington Post, columnist Richard Cohen praised the movie, seeing it as an endorsement of American-led foreign interventionism such as the invasion of Libya. There is no doubt Jolie's movie has a political aim. While writing the screenplay, she consulted CIA agent Richard Holbrooke, who died in December 2010. Holbrooke was a ruthless cold warrior who spent his entire 48-year political career implementing and backing U.S. interventions -- covert and overt -- in Vietnam, East Timor, the Balkans, the Congo, Iraq, Afghanistan, and Pakistan, causing the deaths of hundreds of thousands of people (see TML Daily, December 17, 2010 - No. 217). Jolie also consulted with U.S. General Wesley Clark, who was director for strategic plans and policy of the U.S. Department of Defense's Joint Chiefs of Staff during the war against Bosnia. Her reliance on such criminal elements really exposes the fraud of her so-called humanitarianism. Since 2007, Jolie has been a member of the 90-year-old U.S. Council on Foreign Relations (CFR), the main breeding ground for U.S. imperialist foreign policy. CFR members have included major monopoly capitalists such as David Rockefeller, senior serving politicians, over a dozen U.S. Secretaries of State, bankers, former CIA agents and senior monopoly media figures. A most notorious member is former U.S. President Bill Clinton, the main instigator behind the 1995 U.S.-NATO bombings of the Serbs. Like Jolie today, in the 1990s Clinton talked about the "moral imperative" of the United States to prevent gross human rights abuses, even though at the time Colombia, the leading recipient of U.S. aid in Latin America, was murdering thousands of peasants, unionists, politicians, and human rights activists, without a word of opposition from the U.S. During her notorious visit to Libya in October 2011, Jolie exposed her political aims by praising the U.S.-NATO supported rebels to the skies for their commitment to "human rights." Her propaganda visit was widely showcased by the international monopoly media. Not surprisingly, during her February 18 Al Jazeera interview, Jolie specifically advocated for imperialist intervention in Syria, shedding crocodile tears for the Syrian people: "I think Syria has gotten to a point, sadly, where some form of intervention is absolutely necessary... at this time we just must stop the civilians being slaughtered." Jolie, of course, did not say one word about the ongoing U.S.-supported genocide against the Palestinian people. In her February 18 interview, Jolie attacked Russia
and China
for using their United Nations veto powers to block foreign
intervention against Syria, which she said was against the will of the
"international community", i.e., all those who support U.S.
imperialism: "There are these countries that are choosing
not to intervene and I feel very strongly that the use of a veto when
you have financial interests in a country should be questioned, and the
use of a veto against a humanitarian intervention should be
questioned." Jolie neglected to mention how for decades the U.S.
imperialists have cast vetoes in support of their financial interests
and criminal interventions all over the world. This began in 1970 when
UN Ambassador Charles Yost cast the first U.S. veto, rejecting an
African-Asian demand for the complete isolation of Ian Smith's racist
Rhodesian regime. Sell-Out of Canada's Forestry Industry Canada and the United States Renew
|
Prevailing Monthly Price |
Option A — Export
Charge (Expressed as a % of Export Price) |
Option B — Export
Charge (Expressed as a % of Export Price) with Volume Restraint |
Over $US 355 |
No Export Charge |
No Export Charge and
no volume restraint |
$US 336-355 |
5% |
2.5% Export Charge +
maximum volume that can be exported to the United States cannot exceed
the Region's share of 34% of Expected U.S. Consumption for the month |
$US 316-335 |
10% |
3% Export Charge +
maximum volume that can be exported to the United States cannot exceed
the Region's share of 32% of Expected U.S. Consumption for the month |
$US 315 or under |
15% |
5% Export Charge +
maximum volume that can be exported to the United States cannot exceed
the Region's share of 30% of Expected U.S. Consumption for the month |
[...]"
SLA
Clauses
Permitting
Interference
in
Canadian
Political
Affairs
and
Economic Management
"2. If a Region satisfies the substantive criteria and procedures for exemption developed and set forth in an addendum referred to in paragraph 1, Softwood Lumber Products from that Region shall be exempted from the Export Measures in Articles VII through IX and Article X(2) and thereafter subparagraphs (a) and (b) shall apply with respect to that Region.
(a) No public authority of Canada shall:
(i) modify the provincial timber pricing or forest management system as it existed on the date of the exemption. or change its administration in a manner that decreases the extent to which the system is market-determined. For purposes of this Article, a provincial timber pricing or forest management system includes, without limitation. the data. variables, and procedures that it employs, or
(ii) provide any grants or other benefits that offset, in whole or in part, the basis for the exemption under an addendum pursuant to paragraph 1. A grant or benefit shall be considered to offset. in whole or in part, the basis for the exemption. if it is provided, de facto or de jure, to producers or exporters of Softwood Lumber Products in the Region. This clause shall not apply to grants or benefits that satisfy the criteria in Article XVII(2)(a), (b), (c), (d) or (e). For purposes of determining whether a grant or benefit meets the criteria of Article XVII(2)(a), a measure shall not be considered to offset the basis for the exemption if it existed on the date on which the Region was exempted from the Export Measures pursuant to paragraph 1;
(b)
(i) If, in any Quarter, exports of Softwood Lumber Products from the Region to the United States exceed the sum of: (I) the total Regional production of those products during the Quarter; and (2) the total Regional inventory of those products during the Quarter. Canada shall impose retroactively on the exporters responsible for any such excess a charge equal to SC X, where X is determined according to the following formula:
X (SC 200 multiplied by MBE export volume in excess of the sum of the exporter's total Regional production during the Quarter and the exporter's total Regional inventory during the Quarter),
(ii) Canada shall provide to the United States within 75 days after the end of each Quarter data on: (1) the total Regional production of Softwood Lumber Products during the Quarter; (2) the total Regional inventory of Softwood Lumber Products produced from timber originating in the Region during the Quarter; and (3) the volume of Softwood lumber Products exported from the Region to the United States during the Quarter, and [...]"
Softwood Lumber Exports to the U.S. (Industry Canada 2005)
Softwood lumber is one of Canada's largest exports to the United States, with 21.5 billion board feet of lumber shipped in 2005 alone. Those exports were worth $8.5 billion and they continue to comprise an important element of the largest trading relationship in the world.
This trade matters to both Canadians and Americans. Canada's forestry sector employs approximately 280,000 Canadians, and roughly 300 communities are dependent upon the forestry sector. U.S. lumber producers cannot meet domestic demand for softwood lumber: consequently, Canada now supplies over a third of the United States' consumption of this product. The U.S. housing and other industries, which employ over 7 million American workers, have come to rely upon unfettered access to this quality product.
Softwood Lumber Exports to the U.S. (Industry Canada 2012)
Softwood lumber exports to the U.S. totalled $2.6
billion in the first
11 months of 2011.
Exports from B.C. accounted for almost 58 percent of that total; from
Quebec, 16 percent;
from New Brunswick and Alberta, 9 percent each; and from Ontario almost
6 percent. The
Canadian wood products industry and its supporting industries employed
164,000 people in
2010; 33 percent of these were in BC, and 28 percent in Quebec.
Canadian production in the
first 10 months of 2011 was an estimated 19 billion board feet.
Data from Forest Industry Crisis in 2000 Compared to 2009
Employment by Type of Employee: 2000-2009* |
||||||
Type of Employee |
Number of |
% of Total |
CAGR** |
% Change |
|
|
2000 |
2009 |
|
||||
*Prior to 2004, data covers incorporated establishments with employees, primarily engaged in manufacturing and with sales of manufactured goods equal or greater than $30,000. **Compound Annual Growth Rate Source: Statistics Canada, special tabulation, unpublished data, Annual Survey of Manufactures, 1998 to 2003; Annual Survey of Manufactures and Logging, 2004 to 2008. |
|
|||||
Production |
117,974 |
71,103 |
82.0% |
-4.9% |
-14.4% |
|
Administration |
15,814 |
15,108 |
18.0% |
-0.5% |
-13.7% |
|
|
|
|||||
Total |
133,788 |
86,211 |
100% |
-4.3% |
-14.3% |
|
The total number of employees in the Wood Product Manufacturing subsector decreased from 133,788 workers in 2000 to 86,211 workers in 2009, an average annual decrease of 4.3% over this time span. There was a decrease of 14.3% in employment between 2008 and 2009.
By comparison, total employment in the Manufacturing sector showed a decrease of 2.8% per year over the 2000-2009 period and a decrease of 9.7% between 2008 and 2009.
Breaking employment into its two principal components, the number of production employees in the Wood Product Manufacturing subsector fell from 117,974 workers in 2000 to 71,103 in 2009, a decrease of 4.9% per year on average. There was a decrease of 14.4% [between 2008 and 2009].
The number of administrative employees in the Wood Product Manufacturing subsector decreased from 15,814 workers in 2000 to 15,108 in 2009, an average decrease of 0.5% per year. There was a decrease of 13.7% over the course of [2008 to 2009].
Average Annual Salaries by Type of Employee: 2000-2009* |
|||||
Type of Employee |
Value in $ |
CAGR** |
% Change |
|
|
2000 |
2009 |
|
|||
*Prior to 2004, data covers incorporated establishments with employees, primarily engaged in manufacturing and with sales of manufactured goods equal or greater than $30,000. **Compound Annual Growth Rate Source: Statistics Canada, special tabulation, unpublished data, Annual Survey of Manufactures, 2000 to 2003; Annual Survey of Manufactures and Logging, 2004 to 2009. |
|
||||
Production |
35,880 |
39,419 |
0.9% |
-1.1% |
|
Administrative |
55,532 |
60,139 |
0.8% |
0.8% |
|
All Employees |
38,203 |
43,050 |
1.2% |
-0.6% |
|
The average annual salaries for employees of the Wood Product Manufacturing subsector rose from $38,203 in 2000 to $43,050 in 2009, or at an average rate of 1.2% per year. There was a decrease of 0.6% over the 2008-2009 period.
(Divides the total wages paid by the number of employees, includes overtime)
Total Salaries and Wages Paid by Type of Employee
In the Wood Product Manufacturing subsector, total salaries and wages paid to employees have decreased from $5.1 billion in 2000 to $3.7 billion in 2009, an average annual decrease of 3.1%.
Between 2008 and 2009, salaries and wages decreased by 14.8%.
Initially we examine the total salaries and wages paid, including a breakdown of the amounts paid to production workers and administrative workers.
Wages and Salaries Paid by Type of Employee: 2000-2009* |
||||||
Type of Employee |
Value in |
% of Total |
CAGR** |
% Change |
|
|
2000 |
2009 |
|
||||
*Prior to 2004, data covers incorporated establishments with employees, primarily engaged in manufacturing and with sales of manufactured goods equal or greater than $30,000. **Compound Annual Growth Rate. Source: Statistics Canada, special tabulation, unpublished data, Annual Survey of Manufactures, 2000 to 2003; Annual Survey of Manufactures and Logging, 2004 to 2009. |
|
|||||
Production |
4.2 |
2.8 |
75.5% |
-4.0% |
-15.3% |
|
Administrative |
0.9 |
0.9 |
24.5% |
0.3% |
-13.1% |
|
Total |
5.1 |
3.7 |
100% |
-3.1% |
-14.8% |
|
When broken down by type of employee, in the Wood Product Manufacturing subsector production worker wages decreased from $4.2 billion in 2000 to $2.8 billion in 2009 or at an average rate of 4.0% per year.
Between 2008 and 2009 production worker wages decreased by 15.3%.
The salaries and wages of administrative workers, on the other hand, grew from $878.2 million to $908.6 million over the 2000-2009 period, yielding an average annual increase of 0.3%.
Between 2008 and 2009, these salaries and wages decreased by 13.1%.
In comparison, when looking at the Manufacturing sector (as a whole) over the years since 2000, salaries and wages paid to production workers decreased by an average of 2.1% per year, whereas those paid to administrative workers increased by 1.9%.
Over the course of the most recent year compensation for production workers decreased by 10.9% while salaries and wages for administrative workers decreased by 8.7%.
Manufacturing Revenues
Initially we examine production in Canada as measured by the total value of manufacturing revenues of the industry, which is the value of goods produced by its establishments, including custom and repair work, as well as goods made under contract. They are valued in current Canadian dollars.
Value of Production: 2000-2009
Manufacturing
Revenues
and
Manufacturing
Value-Added
Wood
Product
Manufacturing
Manufacturing revenues for this subsector decreased from $31.7 billion in 2000 to $18.3 billion in 2009, or at an average compound annual rate of 5.3% per year.
Between 2008 and 2009, manufacturing revenues decreased by 18.6%.
Manufacturing value-added for the subsector decreased from $12.5 billion in 2000 to $6.8 billion in 2009, or at an average annual rate of 5.8%.
Between 2008 and 2009, value-added decreased by 16.3%.
Value of Manufacturing Production: 2000-2009* |
|||||
Measure of Production |
Value in |
CAGR** |
% Change |
|
|
2000 |
2009 |
|
|||
*Prior to 2004, data covers incorporated establishments with employees, primarily engaged in manufacturing and with sales of manufactured goods equal or greater than $30,000. **Compound Annual Growth Rate Source: Statistics Canada, special tabulation, unpublished data, Annual Survey of Manufactures, 2000 to 2003; Annual Survey of Manufactures and Logging, 2004 to 2009. |
|
||||
Manufacturing Shipments |
31.7 |
18.3 |
-5.3% |
-18.6% |
|
Manufacturing Value-Added |
12.5 |
6.8 |
-5.8% |
-16.3% |
|
Since 2005, more than 21,000 jobs have been lost, 15,000 of these permanently. While the annoucements of factory closures and job losses continue practically every week, it is the duty of government to support the some 250 communities whose economies rely solely on exploiting the forestry resources.
There are some 100,000 jobs [in forestry]. As you know,
it makes up 12
per cent of the gross domestic product in the manufacturing sector and
more than 10 per cent of exports.
(Translated from original French by TML)
"The extension of the Softwood Lumber Agreement is great news for Canadian lumber workers and their families," said Minister [of International Trade and Minister for the Asia-Pacific Gateway Ed] Fast. "This extension agreement will bring much-needed stability and predictability to the lumber industry. By extending the agreement, we are sending a clear message that our government is committed to securing predictable access to the U.S. market and strengthening the financial security of Canadians."
Canada and the United States have negotiated an agreement to extend it without modification and will consult on whether a further extension would be appropriate before the new expiration date in 2015. Canada has consulted widely with provincial and industry stakeholders, and they strongly support the extension to 2015.
"With one in five Canadian jobs generated by trade, our government is strongly committed to helping the forestry sector, and other sectors of our economy, expand and succeed in markets around the world," said Minister Fast. "That's why we'll continue standing up for our exporters in markets around the world, including the United States -- fighting for their interests and opening doors to new opportunities that will create jobs and prosperity in communities across Canada."
The agreement to extend the Softwood Lumber Agreement constitutes a treaty under international law. Consistent with Government of Canada policy, the treaty will be tabled in the House of Commons for a period of 21 sitting days. It will come into force once Canada and the United States have notified each other that their respective ratification processes have been completed.
The Conservative government's extension of the Canada-US Softwood Lumber Agreement is the latest betrayal in a long list of actions that have damaged the Canadian forest industry says United Steelworkers (USW) Canadian Director Ken Neumann.
"Extending the softwood lumber agreement, while failing to even attempt to address many of the problems it has worsened, or even consult with forestry workers who have been impacted by job loss in the sector, adds insult to injury to an industry that has been hard hit in recent years," says Neumann.
"According to the Forest Sector Council, the Canadian Forest Industry has lost about 100,000 jobs between 2004 and 2010. Already faced with a lack of capital investment in operations, sawmills in British Columbia and across Canada have seen their competitive advantage chipped away by the government's softwood lumber agreement," added Steve Hunt, USW District Director for Western Canada.
Since being signed in 2006, the agreement has imposed a 15% border tax on Canadian companies exporting lumber to the United States. In addition, the agreement's so-called "surge mechanism" discourages operational investment by penalizing all lumber producers in a region that exceeds its U.S. bound lumber quota, thereby encouraging productivity-enhancing investment in non-Canadian sawmills.
"The decline of the forest industry across this country has devastated communities, hurt families and led to thousands of job losses. By extending an agreement that makes an already challenging situation even worse, the Conservative government has demonstrated where their priorities lie - and it's not with Canadian workers or communities," Neumann says.
[...R]elations between the two countries will face a bigger test in the months to come, as Canada looks to the United States for help in getting this country a seat at what has turned into the world's most important trade table: the Trans-Pacific Partnership (TPP).
Before the year is out, nine Pacific countries -- including the United States, Chile, Australia and Malaysia -- are expected to conclude a sweeping free-trade agreement that will open the economies of all to all. Negotiations have gone so well, and the implications for the agreement are so far-reaching, that Japan and Mexico now also want in.
So does Canada, but the Harper government foolishly missed an earlier opportunity to join the discussions by insisting that supply management, which protects Canadian dairy and poultry, be kept off the table. The other countries showed us the door.
Now, belatedly, Canada had decided it is willing to join
the talks
without preconditions. The feeling in Ottawa is that
the final agreement will no doubt protect American and Japanese (if
they join) farmers, and Canadian farmers will get
an exemption too.
Timber
Industry
Welcomes
Trade
Extension,
With
a
Disclaimer
-
Flathead
Beacon
(Montana),
February
1,
2012
-
After Canada and the United States announced a two-year extension to their Softwood Lumber Agreement last week, the news was greeted warmly by U.S. lawmakers and lumber officials who consider the accord vital to the health of the country's timber industry.
U.S. politicians and lumber industry representatives have long complained that Canadian provincial governments in effect subsidize their lumber companies by charging low fees for the right to harvest timber -- also called stumpage fees -- on public land, while American producers must competitively bid on the open market and pay far higher prices. Timber market woes in recent years have added another wrinkle to the long-standing dispute.
The U.S. Lumber Coalition claims that Canada's "unfair trade practices" have led to hundreds of American lumber mill closures, thousands of job losses and suppressed markets in the past. Numerous disputes have landed in court.
The agreement, originally enacted in 2006 and now extended until 2015, seeks to address those concerns and foster stable markets for both Canada and the U.S. The agreement was set to expire in October 2013.
U.S. Trade Representative Ron Kirk and Canadian International Trade Minister Ed Fast announced the extension on Jan. 23.
Chuck Roady, general manager at F.H. Stoltze Land and Lumber Co. in Columbia Falls, called the extension "extremely important," explaining that the two countries have "totally different systems" and the agreement helps to ensure that producers and markets are dealing with "apples to apples instead of apples to oranges."
"Canadians don't bid on stumpage fees, so they can sell into markets for dramatically less money," Roady said. "With this (agreement), the tariffs kick in and it levels the playing field."
But Roady offered an often-repeated caveat: "It works as long as both sides follow it and as long as it's enforced. Any of these agreements are only as good as the people living up to them and the people enforcing them. All those concerns are still there."
After the extension was announced, Montana Democratic Sen. Max Baucus hailed the accord as "an effective tool in our fight to make sure Montana lumber workers can compete on a level playing field with Canada," but also called for strict administration of the rules.
"That's why I've pushed our U.S. Trade Representative to aggressively go after violations -- and we've gotten some good results for Montana timber workers so far," Baucus said last week. "I'll keep fighting to make sure the extended Softwood Lumber Agreement is strongly enforced."
Roady and Tom Ray, vice president of northwest resource and manufacturing for Plum Creek Timber Co., both said Baucus and fellow Democrat Sen. Jon Tester, along with Republican Rep. Denny Rehberg, have been important advocates of the trade agreement. Like Baucus, Tester and Rehberg released statements last week praising the extension.
"While I join Montana's struggling timber industry in celebrating the extension of this agreement with Canada, I'm also hopeful that everyone will start living up to their end of the bargain in good faith," Rehberg said, adding: "The agreement is a good one, as it is currently written. We just need to do a better job with enforcement."
The U.S. Lumber Coalition, an alliance of large and small lumber producers from around the country, maintains that Canadian companies have skirted the agreement's provisions in the past, to the detriment of American producers. Coalition officials released a statement following President Obama's state of the union address, commending the president for his commitment to trade rules enforcement.
The alliance highlighted Obama's statements that he "would not stand by when our competitors don't play by the rules" and that it's "not fair when foreign manufacturers have a leg up on ours only because they're heavily subsidized."
"The U.S. lumber industry proves every day that what President Obama said is true -- that America's hardworking men and women are among the most productive on the planet," said Steve Swanson, the coalition's chairman and president of the Oregon-based Swanson Group.
"The U.S. lumber industry can compete against any foreign industry on a level playing field," Swanson added. "But we cannot compete against massive foreign subsidies that are distorting open and competitive markets."
In an interview, U.S. Lumber Coalition Executive Director Zoltan van Heyningen said an improved housing market would help alleviate some compliance concerns, because he believes Canadian provinces "feel pressured" to help local timber companies in times of economic uncertainty and are in the position to do so, given the nature of the government-influenced Canadian system compared to the U.S. open bidding system.
"It's not that someone sits down and says, 'Let's see how we can violate it today,'" van Heyningen said. "Our hope is that as the market recovers there will be fewer incidences where the provinces feel the need to run amuck of the agreement."
Van Heyningen said with the agreement, if properly followed and enforced, his coalition can spend time advocating on behalf of the U.S. lumber industry outside of the courtroom, though it must always be prepared for the possibility of litigation.
"As long as the agreement is in place, no, we're not actively litigating," he said, "although we spend a fair amount of time making sure we can pull that trigger when we need to."
In one ongoing dispute, the U.S. is alleging that British Columbia violated the agreement by under-pricing pine beetle-damaged timber and is seeking damages worth nearly $500 million. The case is expected to be heard in an international arbitration court soon.
It remains to be seen what will happen when the agreement again approaches expiration in 2015, but until then Montana lumber officials are relieved to have the accord in place during a time of continued market woes. Dean Sturz, sales manager at Stoltze Land and Lumber Co., said not having the Softwood Lumber Agreement "would kill us."
"There would be way more mills in the U.S. closed if there wasn't that agreement," he said.
The Canada-United States softwood lumber dispute is one of the most significant and enduring trade disputes in modern history. The dispute has had its biggest effect on British Columbia, the major Canadian exporter of softwood lumber to the United States.
The heart of the dispute is the claim that the Canadian lumber industry is unfairly subsidized by the federal and provincial governments. Specifically, most timber in Canada is owned by provincial governments. The price charged to harvest the timber (the "stumpage fee") is set administratively rather than through a competitive auction, as is often the practice in the United States. The United States claims that the provision of government timber at below market prices constitutes an unfair subsidy.
In April 2006, the United States and Canada announced that they had reached a tentative settlement to end the current dispute. Under the preliminary terms, the United States would lift duties provided lumber prices continue to stay above a certain range. Below the specified range, a mixed export tax/quota regime would be implemented on imports of Canadian lumber.
Historical
facts
of
the
dispute:
U.S.
refuses
to
abide
by
NAFTA
ruling
(2003-05 period just prior to the softwood
lumber agreement)
Another NAFTA Chapter 19 panel reviewed the determination made by the [U.S.] International Trade Commission that the U.S. lumber industry was under a threat of injury because of Canadian imports.... The NAFTA Chapter 19 panel found the International Trade Commission's determination invalid. In addition, the panel took the controversial decision of refusing to allow the International Trade Commission to reopen the administrative record and in fact ordered the International Trade Commission to issue a negative determination after it reached another affirmative determination based on the existing record. Unlike the Lumber III panel, however, this panel's decision was unanimous. However, the U.S. government challenged its decision before an extraordinary challenge committee.
In the meantime, because of an adverse WTO decision, the international trade commission reopened the administrative record pursuant to a special provision in U.S. law, the so-called Section 129 provision, and issued a new affirmative threat of injury determination in December 2004. This new determination allowed the countervailing and antidumping duty tariffs to remain in place.
On August 10, 2005, the NAFTA extraordinary challenge committee unanimously held against the United States finding that NAFTA panel's decision were not sufficiently invalid to require vacatur or remand under the standards of NAFTA.
On August 15, 2005, the U.S. said it would not abide by the NAFTA decision because the Section 129 determination superseded the decision being reviewed by the NAFTA panel. This announcement prompted former Finance Minister Ralph Goodale to say that [International Trade Minister Jim] Peterson is considering Canada's options, which could include litigation or trade sanctions....
On August 26, 2005, Canadian federal cabinet ministers remained defiant and unwavered in response to remarks by U.S. Ambassador David Wilkins comments to stop the "emotional tirades" in the softwood lumber dispute. Canadian International Trade Minister Jim Peterson said Washington should not confuse emotion with commitment and determination by Canadians to ensure the NAFTA is respected. Prime Minister Paul Martin used strong rhetoric that the dispute was undermining NAFTA and hinted that Canada can explore trade alternatives such as China. "Friends live up to their agreements", Martin said in calling on the United States to respect a ruling under the North American Free Trade Agreement on Canadian exports of softwood lumber.
In September 2005, a U.S. lumber industry association filed suit in the D.C. Court of Appeals challenging the constitutionality of the NAFTA Chapter 19 dispute settlement system....
In March 2006, a NAFTA panel ruled in Canada's favour, finding that the subsidy to the Canadian lumber industry was de minimis, i.e., a subsidy of less than one percent. Under U.S. trade remedy law, countervailing duty tariffs are not imposed for de minimis subsidies.
A tentative deal was reached in July, in which Canada got $4 billion of the $5.3 billion it lost because of the penalties with no additional tariffs to be imposed. Initially, there was a large opposition by several lumber companies from several provinces. However, during the following weeks the support, due to the possibility of no better scenarios, had increased and the Harper government was confident that there would be enough support for the deal so it would not be jeopardized. The government did not specify how many companies endorsed the deal nor did they implement a minimum for the deal to be salvaged.
Elliott Feldman, an international and economic law specialist from the firm Baker & Hostetler in Washington, D.C. and a former director of the Canadian-American Business Council, criticized the deal as "one-sided" and a "bad deal for Canada".
Read The Marxist-Leninist Daily
Website: www.cpcml.ca
Email: editor@cpcml.ca