Mr. Speaker, the hon. member asks some good questions.
On the chapter 11 issue, as the member knows I was the CEO at Canfor at the time Canfor launched a chapter 11 case. I can tell him from first-hand knowledge that the chapter 11 case that Canfor launched at that time was launched as a way of bringing further pressure on the U.S. government to bring about a negotiated settlement of the softwood lumber agreement.
We felt there was a strong case at the time, but again, it was always intended that the course of bringing litigation to a conclusion was a long, complex and very expensive project, and ultimately we would have to go to the negotiating table to bring about a satisfactory resolution. The chapter 11 issue should be seen in that context.
In terms of the break-even tariff, members will know that at the time this agreement came into force, the U.S. tariff was close to 11%. In this market, where lumber prices are under $300, we are in a world where we would be paying an export tax of 15%.
The context that all members must understand is that the 11% was under administrative review. It was already scheduled to rise to over 14% later this year. I can tell members that dumping margins, which are unique in this latest lumber dispute, grow dramatically in weak markets, so we have to expect that the U.S. duties would have climbed significantly. Even when we finally would have won, and we probably would have won through litigation on the current cases, there would have been new cases launched. I can tell members that in the current environment the likelihood of American success in the next legal round would have been greatly elevated.
Again, we must remember that the 15% duty we are charging as an export levy is almost like another form of stumpage, except that it is much more focused and is only on lumber that goes to the U.S. market, as opposed to raising the price of timber across the board, which would have rendered pulp and paper and OSB less competitive. It would have been very damaging. But that money stays here in Canada for the betterment of Canadians and that is a very important distinction.
On the matter of zeroing, as the hon. member knows, we have had cases at the WTO and zeroing has been ruled ultra vires, so to speak, of WTO rules, but there are a number of different ways that de facto zeroing still applies in dumping cases. I am no big fan of zeroing. That has been my view for a long time.