  
  
WT/DS505/13  
 
19 June 2020  
(20-4317) Page: 1/1 
  Original: English  
 
UNITED STATES – COUN TERVAILING MEASURES ON 
SUPERCALENDERED PAPE R FROM CANADA  
RECOURSE TO ARTICLE 22.2 OF THE DSU BY CANADA  
The following communication, dated 18 June 2020 , from the delegation of Canada  to the Chairperson 
of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of the DSU.  
 
 
_______________  
 
 
On 5 March 2020, the Dispute Settlement Body (DSB ) adopted the panel and Appellate Body Reports 
in US – Supercalendered Paper . The DSB 's recommendations and rulings include findings that the 
United States maintains an "ongoing conduct " measure that consists of the U.S. Department of 
Commerce applying adv erse facts available to find countervailable subsidies in relation to discovered 
programs that were not reported in response to an "other forms of assistance" question1 in a manner 
that is inconsistent with Article 12.7 of the Agreement on Subsidies and Co untervailing Measures .2  
 
The United States has not informed the DSB of its intentions in respect of implementation of these 
recommendations and rulings in accordance with Article 21.3 of the Understanding on Rules and 
Procedures Governing the Settlement o f Disputes ("DSU").  Nor has it proposed a reasonable period 
of time to comply.  In view of the failure by the United States to state its intentions in respect of 
implementation, Canada considers that the United States failed to comply with the recommendat ions 
and rulings of the DSB.  
 
Canada and the United States have not reached an agreement on compensation. Accordingly, 
Canada is requesting authorization to suspend the application to the United States of concessions or 
other obligations pursuant to Artic le 22.2 of the DSU.  
 
Canada requests authorization to suspend concessions or other obligations at an annual level 
commensurate with the trade effects of any future countervailing duties on Canadian imports of any 
given good that are attributable to the U. S. "ongoing conduct " at issue in this dispute. This request 
reflects the nullification or impairment that Canada will suffer if the "ongoing conduct" continues to 
exist and applies to exports from Canada in the future.  
 
Canada requests that this communicat ion be circulated to the Members.  
 
 
__________  
 
1 Appellate Body Report, United States – Countervailing M easures on Supercalendered Paper from 
Canada , WT/DS505/AB/R, adopted 5 March 2020, para. 1.2. (“ US – Supercalendered Paper ”) 
2 Appellate Body Report, US – Supercalendered Paper , paras. 6.2 -6.10; and Panel Report, 
United  States  – Countervailing Measures on Supercalendered Paper from Canada , WT/DS505/R and Add.1, 
adopted 5 March 2020, paras. 8.4 -8.6.   