united states – determination of the

international trade commission in hard red spring wheat

from canada

Request for Consultations by Canada

            The following communication, dated 8 April 2004, from the delegation of Canada to the delegation of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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            My authorities have instructed me to request consultations with the Government of the United States of America pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement) and Article 30 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) concerning:  the investigation of the United States International Trade Commission (Commission) in Hard Red Spring Wheat from Canada (Invs. Nos. 701-TA-430B and 731-TA-1019B (Final));  the Commission's final determination that an industry in the United States is materially injured by reason of imports from Canada of hard red spring wheat that have been found by the Department of Commerce to be subsidized by the Government of Canada and sold in the United States at less than fair value (68 Federal Register (FR) 60707 (23 October 2003));  the Department of Commerce's countervailing duty order (68 FR 60642 (23 October 2003)) and antidumping duty order (68 FR 60641 (23 October 2003)) with respect to hard red spring wheat from Canada; and the final definitive anti-dumping and countervailing duties applied as a result.