U.S. Lumber Coalition: USMCA Extension Should Be Conditioned On Elimination Of Binational Panel Review Process

• USMCA binational panel review strips U.S. courts of jurisdiction to review determinations of the U.S. Department of Commerce and the U.S. International Trade Commission.
  
  
• There is nothing wrong with U.S. judicial review that justifies replacing it with review by foreign citizens.
  
  
• U.S. Lumber Coalition urges USTR to condition extension of the USMCA on agreement to eliminate the Chapter 10 binational panel review process.

WASHINGTON, Nov. 4, 2025 /PRNewswire/ -- The U.S. Lumber Coalition in its comments to the United States Trade Representative has requested that any extension of the United States-Mexico-Canada Agreement (USMCA) should be conditioned on the elimination of the Chapter 10 binational panel review process. 

The Chapter 10 process strips U.S. courts of jurisdiction to review determinations of the U.S. Department of Commerce and the U.S. International Trade Commission. In this alternative process, review of U.S. agency determinations and issues of U.S. law are decided by panels that include non-citizens outside of constitutional oversight or democratic accountability.

"Under USMCA Chapter 10, unfair trade can be accepted rather than disciplined, robbing U.S. industries of a fair chance to compete and costing U.S. workers their jobs. These rulings are too often based on flawed interpretations of U.S. law that cannot be appealed, and they force U.S. producers and workers to compete against unrestrained, subsidized and unfairly traded foreign imports," said Zoltan van Heyningen, Executive Director of the U.S. Lumber Coalition.

"USMCA Chapter 10 is unconstitutional, plain and simple. It gives powers to international tribunals that the Constitution reserves for U.S. courts. Foreign panel members are appointed with the input of foreign governments to the exclusion of Federal judges nominated by the President and confirmed by the Senate. This binational panel review – like the processes that existed under Chapter 19 of the NAFTA – just does not work. It's past time for this failed experiment to end," emphasized van Heyningen.

Binational panel review has at times yielded deeply flawed decisions and caused years-long delays in finalizing U.S. agency determinations. Domestic judicial review of trade remedy determinations should be restored for goods from Canada. 

"U.S. law provides all interested parties, both foreign and domestic, the opportunity for judicial review of Commerce Department and International Trade Commission determinations by U.S. judges at the Court of International Trade. There is nothing wrong with U.S. judicial review that justifies replacing it with review by foreign citizens," added van Heyningen.

"The U.S. Lumber industry over decades has had no choice but to invoke the U.S. trade remedy laws against subsidized and unfairly traded softwood lumber imports from Canada. Unfortunately, the effectiveness of these laws has been undermined as they apply to Canada through Chapter 10 of the USMCA," stated Andrew Miller, Chair and Owner of Stimson Lumber Company.

"The U.S. Lumber Coalition strongly urges the United States to condition extension of the USMCA on the elimination of the Chapter 10 binational panel review process. Unlike the flawed binational panel review system, judicial review by judges in U.S. courts guarantees interested parties the opportunity for impartial and transparent review of the lawfulness of agency determinations in trade law proceedings.

The USLC greatly appreciates President Trump's and his administration's commitment to enforce the U.S. trade laws against unfairly traded Canadian softwood lumber imports. Continued full enforcement is exactly what must happen to continue to expand U.S. lumber manufacturing and strengthen U.S. supply lines to meet demand to build more American homes," concluded Miller. 

U.S. Lumber Coalition full comments to the United States Trade Representative: https://uslumbercoalition.org/issues/chapter-10/

About the U.S. Lumber Coalition
The U.S. Lumber Coalition is an alliance of large and small softwood lumber producers from around the country, joined by their employees and woodland owners, working to address Canada's unfair lumber trade practices. Our goal is to serve as the voice of the American lumber community and effectively address Canada's unfair softwood lumber trade practices. The Coalition supports the full enforcement of the U.S. trade laws to allow the U.S. industry to invest and grow to its natural size without being impaired by unfairly traded imports. Continued full enforcement of the U.S. trade laws will strengthen domestic supply lines by maximizing long-term domestic production and lumber availability produced by U.S. workers to build U.S. homes. For more information, please visit the Coalition's website at www.uslumbercoalition.org.

CONTACT: Zoltan van Heyningen
[email protected] | 202-805-9133

SOURCE U.S. Lumber Coalition