On October 18, 2023 the Canada Border Services Agency (“CBSA”) issued final determinations of dumping and subsidizing with respect to wind towers from China (WT 2023 IN), pursuant to subsection 41(1)(b) of the Special Import Measures Act (“SIMA”).

The subject goods are typically classified under the following tariff classification number: 7308.20.00.00. However, the subject goods may be classified under the less common tariff classification number: 8502.31.00.00. Note that these classifications cover both subject and non-subject goods.

On May 1, 2023, we shared an Insights Post, regarding the initiation of the investigation, based on the complaint filed by Marmen Inc. and Marmen Énergie Inc. (collectively “Marmen”).

The CBSA has determined for exporters that participated in the investigation, margins of dumping (% of export price) range from 89.4% to 109.0%    and the amount of subsidy (% of export price) ranges from 3.0% to 5.6%. For all other exporters from China, the CBSA determined that the margins of dumping is 159.3% and that the amount of subsidy is 21.9%.

The CBSA’s Statement of Reasons will be available November 2, 2023, at the latest.

The Canadian International Trade Tribunal is currently conducting an inquiry into whether the dumped and subsidized Chinese wind tower imports have caused or are threatening to cause material injury to the Canadian domestic industry. If it issues an affirmative determination, final anti-dumping and countervailing duties will be applied.

The application of final duties will have a substantial impact on trade in these goods in Canada, and may affect Canadian stakeholders, including end users.  

Authors: Daniel Hohnstein, Jack Bowness

Tereposky & DeRose LLP regularly provides advice and acts as counsel in international trade disputes, including trade remedy matters. If you have any questions about the foregoing subject, please do not hesitate to contact us.