On August 15, 2005, the United States said it would not abide by the NAFTA decision, because the Section 129 determination superseded the decision which was reviewed by the NAFTA panel. Two weeks later, on August 30, the WTO, which had previously ruled against the ITC, this time upheld their new Section 129 "threat of injury" ruling. In September 2005, a U.S. lumber industry associate filed suit in the U.S. Court of Appeals for the District of Columbia Circuit, challenging the constitutionality of the NAFTA Chapter 19 dispute settlement system. On November 24, 2005, the U.S. Commerce Department announced it would comply with a separate NAFTA panel's order to cut a 16 percent duty on Canadian softwood lumber imports for now. The following month, the DoC announced recalculated countervailing and anti-dumping duties on softwood, totaling 10.8 percent.