In its preliminary report regarding U.S. countervailing duties on imports of Canadian softwood...

In August 2001, Canada asked for consultations with the U.S. about the countervailing duty determination and the preliminary critical circumstances determination made by the U.S. Department of Commerce (DOC) on August 9, 2001, with respect to certain softwood lumber from Canada. When the consultations were unsuccessful, Canada asked the WTO to set up a dispute settlement panel (DSP). The WTO officially adopted the panel Report's findings on November 1, 2002.

In particular, the DSP first concludes, inter alia, that the DOC had failed to determine the existence and amount