On 21 April 2023, the Canada Border Services Agency (“CBSA”) initiated an investigation (WT 2023 IN: Wind towers) concerning the alleged injurious dumping and subsidizing of certain wind towers imported from the People’s Republic of China (“China”). The CBSA will investigate whether the imports are being dumped and/or subsidized and will make preliminary decisions within 90 days, at which time provisional duties may apply.

The investigation, commenced pursuant to the Special Import Measures Act (“SIMA”), was initiated following a complaint filed by Marmen Inc. and Marmen Énergie Inc. (collectively “Marmen”).

The subject goods are usually classified under tariff item number 7308.20.00.00, but may also be imported under tariff item number 8502.31.00.00, in particular if they are imported with other wind turbine components, such as the nacelle or rotors (hubs or blades).

The subject goods are defined as certain steel utility wind towers and sections thereof but excluding nacelles and rotors. For greater certainty, the subject goods are wind towers designed to support (1) a minimum rated electrical power generation capacity in excess of 100 kilowatts and (2) with a minimum height of 50 meters measured from the base of the tower to where the top of the tower and blades are joined. A complete definition of the subject goods is available in Appendix 1.

Further information regarding the CBSA’s decision with respect to initiation of the investigation will be available in a Statement of Reasons that will be issued by the CBSA by May 5, 2023. Importers of subject goods have until May 12, 2023 to submit a response to the importer’s request for information. Exporters have until May 29, 2023 to submit a response to the exporter’s request for information.

Tereposky & DeRose regularly provides advice on Canadian trade remedy matters, including anti-dumping and countervailing investigations. Should you have any questions regarding this matter or anti-dumping and countervailing issues more generally, we are at your disposal.