13 Aug 2020

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What goes around comes around… Canada Issues List of Proposed Countermeasures against U.S. Aluminum Duties

As anticipated, Canada issued on August 13th a Notice of intent to impose countermeasures against the United States in response to the Section 232 tariffs that the U.S. administration imposed on Canadian articles of non-alloyed, unwrought aluminum on August 6th. Canada intends to impose 10 percent surtaxes on imports of aluminum and aluminum-containing products from the U.S., representing a proportionate amount of Canadian aluminum products affected by the U.S. tariffs.

The countermeasures will only apply to goods originating from the U.S., which are those eligible to be marked as a good of the U.S. in accordance with the Canadian Determination of Country of Origin for the Purposes of Marking Goods (CUSMA Countries) Regulations. They will take effect by September 16, 2020 and will remain in place until the U.S. eliminates its Section 232 tariffs against Canada. Goods that are in transit to Canada on the day on which these countermeasures come into force are excluded.

The products covered by the countermeasures will be drawn from the proposed list published in the Notice, which is reproduced below. This list encompasses a broad range of aluminum products, from primary products to finished goods (including e.g., doors, windows, climbing and mountaineering articles, refrigerators, washing machines, bicycles and parts, livestock trailers and golf clubs).

Comments on the Proposed List

The Department of Finance has invited written comments from interested stakeholders. Comments must be submitted by email to fin.tariff-tarif.fin@canada.ca no later than September 6, 2020. Submissions, at a minimum, should include the following information:

  • Canadian company/industry association name and contact person.
  • Relevant eight-digit tariff item(s) and description of the goods of particular interest.
  • Reasons for the expressed support for, or concern with, the proposed countermeasures, including detailed information substantiating any expected beneficial or adverse impact.

Tereposky & DeRose regularly provides advice on Canadian trade matters. Should you have any questions regarding this matter, we are at your disposal.

Greg Tereposky
613.237.1210
gtereposky@tradeisds.com

Daniel Hohnstein
613.237.9005
dhohnstein@tradeisds.com

What Goes Around Comes Around…Canada Issues List of Prpoposed Countermeasures (13 August 2020)

PROPOSED LIST

2606.00.00           Aluminum ores and concentrates

2620.40.00           Slag, ash and residues, containing mainly aluminum

2818.20.00           Aluminum oxide

2818.30.00           Aluminum hydroxide

2826.12.00           Fluorides of aluminum

2827.32.00           Other chlorides of aluminum

2833.22.00           Other sulphates of aluminum

3212.90.00           Pigments used in manufactures of paints and dyes

3815.19.00           Reaction initiators, reaction accelerators and catalytic preparations, other

7601.10.00           Unwrought aluminum, not alloyed

7601.20.00           Unwrought aluminum, aluminum alloys

7602.00.00           Aluminum waste and scrap

7603.10.00           Aluminum powders of non-lamellar structure

7603.20.00           Aluminum powders of lamellar structure; aluminum flakes

7604.10.00           Aluminum bars, rods and profiles, not alloyed

7604.21.00           Hollow profiles, of aluminum alloys

7604.29.00           Aluminum bars, rods and profiles, of aluminum alloys, other

7605.11.00           Aluminum wire, not alloyed, of which the maximum cross-sectional dimension exceeds 7 mm

7605.19.00           Aluminum wire, not alloyed, other

7605.21.00           Aluminum wire, of aluminum alloys, of which the maximum cross-sectional dimension exceeds 7 mm

7605.29.00           Aluminum wire, of aluminum alloys, other

7606.11.00           Aluminum plates, sheets and strip, of a thickness exceeding 0.2 mm, rectangular (square), not alloyed

7606.12.00           Aluminum plates, sheets and strip, of a thickness exceeding 0.2 mm, rectangular (square), of aluminum alloys

7606.91.00           Aluminum plates, sheets and strip, of a thickness exceeding 0.2 mm, other, not alloyed

7606.92.00           Aluminum plates, sheets and strip, of a thickness exceeding 0.2 mm, other, of aluminum alloys

7607.11.00           Aluminum foil, not backed, rolled but not further worked

7607.19.00           Aluminum foil, not backed, other

7607.20.00           Aluminum foil, backed

7608.10.00           Aluminum tubes and pipes, not alloyed

7608.20.00           Aluminum tubes and pipes, of aluminum alloys

7609.00.00           Aluminum tube or pipe fittings

7610.10.00           Aluminum doors, windows and their frames and thresholds for doors

7610.90.10           Aluminum structures and parts of structures; aluminum plates, rods, profiles, tubes and the like, prepared for use in structures, other than doors, windows and their frames and thresholds for doors, for use in Canadian manufactures

7610.90.90           Aluminum structures and parts of structures; aluminum plates, rods, profiles, tubes and the like, prepared for use in structures, other than doors, windows and their frames and thresholds for doors, other

7611.00.00           Aluminum reservoirs, tanks, vats and similar containers, for any material (other than compressed or liquefied gas), of a capacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment

7612.10.00           Aluminum collapsible tubular containers

7612.90.10           Aluminum aerosol containers, excluding three-piece cans without inserts having a base diameter of 50 mm or more but not exceeding 80 mm

7612.90.91           Embossed aluminum cans for use in the packaging of beverages

7612.90.99           Aluminum casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment, other

7613.00.00           Aluminum containers for compressed or liquefied gas

7614.10.00           Stranded wire, cables, plaited bands and the like, of aluminum, not electrically insulated, with steel core

7614.90.00           Stranded wire, cables, plaited bands and the like, of aluminum, not electrically insulated, other

7615.10.00           Aluminum table, kitchen or other household articles and parts thereof; aluminum pot scourers and scouring or polishing pads, gloves and the like

7615.20.00           Aluminum sanitary ware and parts thereof

7616.10.00           Aluminum nails, tacks, staples (other than those of heading 83.05), screws, bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers and similar articles

7616.91.00           Cloth, grill, netting and fencing, of aluminum wire

7616.99.10           Articles of aluminum: Cups for use in the manufacture of candles; Ferrules for use in the manufacture of pencils; Fish egg incubators and parts thereof; For climbing or mountaineering; Identification bands for migratory birds; Pigeon countermark leg bands; To be employed in the manufacture of sera, antisera, toxoids, viruses, toxins or antitoxins, virus or bacterial vaccines, bacteriophage or bacterial lysates, allergenics, liver extracts, pituitary extracts, epinephrine or its solutions, insulin (with or without zinc, globin or protamine), and blood plasma or serum of human origin, or fractions thereof, or extenders or substitutes thereof

7616.99.90           Other articles of aluminum, other

8418.21.00           Refrigerators, household type, compression type

8418.29.00           Refrigerators, household type, other

8450.11.10           Household washing machines, not including machines which both wash and dry, of a dry linen capacity not exceeding 10 kg, fully-automatic

8450.11.90           Household or laundry-type washing machines, including machines which both wash and dry, of a dry linen capacity not exceeding 10 kg, fully-automatic, other

8450.12.00           Household or laundry-type washing machines, including machines which both wash and dry, of a dry linen capacity not exceeding 10 kg, with built-in centrifugal dryer

8450.19.00           Household or laundry-type washing machines, including machines which both wash and dry, of a dry linen capacity not exceeding 10 kg, other

8450.20.00           Household or laundry-type washing machines, including machines which both wash and dry, of a dry linen capacity exceeding 10 kg

8532.22.00           Other fixed capacitators, aluminum electrolytic

8712.00.00           Bicycles and other cycles

8714.91.10           Frame lugs, bottom bracket shells, forks, fork tubing sets, fork bearing assemblies, hydraulic shock absorbing cylinders, spring shock absorbers, rear pivots, cable stops, cable guides and back, chain and seat stays

8714.91.90           Other frames and forks, and parts thereof

8714.92.00           Wheel rims and spokes of vehicles of headings 87.11 to 87.13, other than bicycle wheels

8714.99.10           Bicycle wheels

8716.39.10           Aluminum construction drop-centre livestock trailers having a g.v.w. of 11.778 tonnes or more and a length exceeding 12 m

9403.10.00           Metal furniture of a kind used in offices

9403.20.00           Other metal furniture

9406.90.90           Prefabricated buildings, other than of wood

9506.31.00           Golf clubs, complete

9506.99.00           Articles for sports and general physical exercise (e.g., bats, hockey sticks, playground equipment)

9620.00.93           Monopods, bipods, tripods of aluminum