Absolutely. Thank you for focusing on that aspect.
First, we need to explain what customs duties are. I don’t think all committee members are aware of the difference between customs duties and tariffs. A tariff is a tax. When materials are sold that cross the American border, a bank levy is immediately made at the border crossing for the value of the tax. The tariff is therefore the amount that goes, like all taxes, into the U.S. Consolidated Revenue Fund to support the operating needs of the U.S. government.
In the case of customs duties, which represent 35%, or more than one third, of the revenue from a sale, they are automatically deducted from the bank account. The money from these duties is paid into a kind of trust fund at the same time. This preventive measure was introduced by the U.S. Department of Commerce. It is as if, because of certain claims regarding Canadian timber, the United States took money and deposited it in a parallel account. On the day of settlement, as was the case in 2006 in the context of trade negotiations, the distribution of these sums would be agreed upon.
As an indication, in 2006, 80% of what we had deposited in the United States to sell lumber there was returned to our businesses, our communities and the Canadian tax system. It is extremely important to note this, because we are talking about $12 billion. Obviously, every dollar that returns to the Canadian tax system has a material impact on public finances. If all these funds remain in the United States, we are naturally depriving ourselves collectively of a significant material inflow of funds. On the other hand, in 2006, the remaining 20% remained in the United States.
In this case, the amounts paid in customs duties are an asset in the same way as a customer account in a company’s accounts. For example, I could sell a customer account to private firms, my bankers, American firms, or Export Development Canada. More specifically, it is an invoice owed to us. Here is an illustration: until a customer pays me, I leave a little money on the table for another customer. On the day the money comes in, that new customer will have priority in recovering their money.
This is the philosophy behind the repurchase of customs duties. Of course, today, if you gave us a magic wand, if there were no public finance issues whatsoever and we lived in a country where everything was optimal, we would work to buy back the $12 billion in customs duties that the Canadian wood products industry has collectively paid to the United States. However, since there is no option or means to do so, that is where the idea of buying back 50% of the customs duties comes in.
Let me explain the reasoning behind the 50%. An analysis was conducted of all customs duty buybacks or resales made in recent years by companies and shareholders holding paid customs duties, whether they were American or Canadian companies and American or other shareholders. These customs duties were treated as an asset, without subsidies, without government assistance, without giving any advantage to any industry, simply on the basis of the market, and were valued at between 29% and 80% of their amount.
That is why we believe that this approach is fair and equitable. It is also fair for the Americans. For example, today I can sell customs duties to American financial product firms. This is an asset that is legitimately recognized as such in the American economic and business world.
By splitting the difference and showing solidarity, the Canadian government is temporarily taking on 50% of the responsibility. For our part, we are returning 50% of our diverted revenue in customs duties. This is done at no cost. The government is taking security on this asset, which has no impact on my accountability to my bankers, whether in terms of ratios, performance, balance sheet, or anything else. By returning this revenue, we are significantly offsetting part of the revenue losses, which temporarily translate into operating losses as long as the funds remain in U.S. coffers.
Please forgive me for this lengthy explanation, but the subject is relatively complex. This approach has several advantages, which we can come back to later. However, I hope I have answered the question about the customs duty buyback formula in broad terms.