American Consumption of Softwood Lumber Products Regulations (SOR/2008-185)

Regulations are current to 2014-10-27

American Consumption of Softwood Lumber Products Regulations

SOR/2008-185

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006

Registration 2008-06-05

American Consumption of Softwood Lumber Products Regulations

P.C. 2008-1002 2008-06-05

Her Excellency the Governor General in Council, on the recommendation of the Minister for International Trade and Minister of National Revenue, pursuant to subsections 14(3) and (4) and 40(1), paragraph 100(1)(b) and section 107 of the Softwood Lumber Products Export Charge Act, 2006Footnote a, hereby makes the annexed American Consumption of Softwood Lumber Products Regulations.

INTERPRETATION

Definition of “Act”

  •  (1) In these Regulations, “Act” means the Softwood Lumber Products Export Charge Act, 2006.

  • Marginal note:Other definitions

    (2) The expressions “American softwood lumber exports”, “American softwood lumber imports from countries other than Canada” and “Canadian softwood lumber exports” have the same meaning as in paragraph 1 of Annex 7D of the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act, as those expressions are, from time to time, amended by the parties or clarified as a result of an arbitral award.

Marginal note:Data sources

 The source of data to be used for calculations under these Regulations is

  • (a) Statistics Canada, for Canadian softwood lumber exports to the United States;

  • (b) the United States Census Bureau, for American softwood lumber exports and American softwood lumber imports from countries other than Canada; and

  • (c) the Western Wood Products Association’s monthly publication “Lumber Track”, for American shipments of softwood lumber.

Marginal note:American consumption

 American consumption of softwood lumber is the amount determined by the formula

CE + AI + NAS

where

CE 
is Canadian softwood lumber exports to the United States;
AI 
is American softwood lumber imports from countries other than Canada; and
NAS 
is net American shipments of softwood lumber.
Marginal note:Net American shipments

 Net American shipments of softwood lumber are the amount determined by the formula

AS - AE

where

AS 
is American shipments of softwood lumber calculated as the sum of the softwood lumber shipments from the Western (Coast, Inland and California Redwood) region, the Southern region and the Northern region. Northern region shipments are calculated by taking the sum of Western and Southern region shipments and multiplying by 6.25%; and
AE 
is American softwood lumber exports from those regions.

EXPECTED MONTHLY AMERICAN CONSUMPTION

Marginal note:Expected monthly American consumption

 For the purposes of subsections 14(3) and (4) of the Act, the expected monthly American consumption of softwood lumber products is the amount determined by the formula

(AC/12) × SAF

where

AC 
is American consumption of softwood lumber for the 12–month period ending 3 months immediately before the month for which the expected monthly American consumption is being calculated; and
SAF 
is the seasonal adjustment factor for the pertinent month set out in the schedule.

MARKET SHARE

Marginal note:American consumption of non-Canadian imports

 For the purposes of paragraph 40(1)(a) of the Act, the share of American consumption of softwood lumber products from imports not originating in Canada is the amount determined by the formula

AI/AC

where

AI 
is American softwood lumber imports from countries other than Canada; and
AC 
is American consumption of softwood lumber.
Marginal note:American consumption of Canadian exports

 For the purposes of paragraph 40(1)(b) of the Act, the Canadian market share of American consumption of softwood lumber products is the amount determined by the formula

CE/AC

where

CE 
is Canadian softwood lumber exports to the United States; and
AC 
is American consumption of softwood lumber.
Marginal note:American consumption of net American shipments

 For the purposes of paragraph 40(1)(c) of the Act, the American market share of American consumption of softwood lumber products is the amount determined by the formula

NAS/AC

where

NAS 
is net American shipments of softwood lumber; and
AC 
is American consumption of softwood lumber.

COMING INTO FORCE

Marginal note:October 12, 2006

 These Regulations are deemed to have come into force on October 12, 2006.

SCHEDULE(Section 5)

SEASONAL ADJUSTMENT FACTOR

MonthSeasonal Adjustment Factor
January0.9288
February0.8944
March1.0014
April1.0707
May1.0679
June1.0405
July1.0508
August1.0501
September0.9953
October1.0636
November0.9435
December0.8930