Tax & Trade Blog

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加拿大对中国纸杯和饭盒进行反倾销调查

反倾销调查或导致对中国相关产品加征额外关税

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CBSA Investigating Paperboard Cups and Containers

Anti-Dumping Investigations Could Impose Additional Duties on Chinese Goods

For the English Version of this Report, please click here.

2026年8月17日，加拿大边境服务署（CBSA）根据《特别进口措施法》(SIMA) 发布立案通知，就从中国进口的纸杯和饭盒涉嫌倾销及补贴展开调查。本次调查源于Great Pacific Enterprises Limited Partnership提交的一项投诉。

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CBSA INVESTIGATING PAPERBOARD CUPS AND CONTAINERS

ANTI-DUMPING INVESTIGATION COULD IMPOSE ADDITIONAL DUTIES ON CHINESE GOODS

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On August 17, 2026, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping and subsidizing of paperboard cups and containers from China. This investigation was prompted by a complaint filed by Great pacific Enterprises Limited Partnership.

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NOT ALL DESIGN COSTS COUNT FOR DUTIES!

IMPORTER “WIN” AS CITT EXCLUDES CERTAIN DESIGN COSTS FROM VALUE FOR DUTY

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For businesses importing goods into Canada, the transaction value method (“TVM”) is the most commonly applicable method for determining the value for duty (“VFD”) under the Customs Act. However, for Canadian subsidiaries of foreign businesses, disputes often arise with the Canada Border Services Agency (“CBSA”) over VFD-related issues such as (1) the relevant “sale for export”, (2) purchaser in Canada status, and (3) inclusion of various design costs.

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ANTI-DUMPING – WHO IS THE EXPORTER?

CITT DECISION PROVIDES CLARIFICATION IN TRANSACTIONS WITH INTERMEDIARIES

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Anti-dumping duties (“ADD”) under the Special Import Measures Act (“SIMA”) generally apply where the normal value of targeted imported goods exceeds their export price. However, determining what ADDs are payable on particular goods may first require identifying who the “exporter” of the goods actually is in the circumstances since that will affect the normal value/export price.

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EXPIRY REVIEW & EXCLUSIONS: REFINED SUGAR

ANTI-DUMPING REVIEW IS AN OPPORTUNITY TO REQUEST PRODUCT EXCLUSIONS

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On July 2, 2026, the Canadian International Trade Tribunal (“CITT”) announced the initiation of an expiry review (“Review”) on the dumping and subsidizing of refined sugar from the United States, Denmark, Germany, the Netherlands, and the United Kingdom. On July 3, 2026, the Canada Border Services Agency (“CBSA”) similarly gave notice of the initiation of its parallel expiry review investigation.

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钢板桩用钢管反倾销措施期终复审！

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Steel Piling Pipe Expiry Review!

For the English Version of this Report, please click here.

2023年3月13日，加拿大国际贸易法庭（CITT）发布 通告，称其正对原产于或出口自中国的某些钢板桩管启动期终复审。任何希望参与该期终复审的人，必须在 2023年3月28日前提交参与通知！

国内生产商和出口商均应考虑参与该期终复审，因为对于未取得正常价值的货物，目前的反倾销税 (ADDs) 为 96.4%，反补贴税 (CVD) 为每公吨 641.35 元人民币！

On June 27, 2024, the Canada Border Services Agency (“CBSA”) issued a notice that it will be conducting a re-investigation in respect of oil country tubular goods originating in or exported from Chinese Taipei, India, Indonesia, South Korea, Thailand, Türkiye and Vietnam (the "Subject Goods”).  This re-investigation falls under measure in force code OCTG2.  Detailed information, including the definition of the Subject Goods, can be found on the OCTG2 page.

Additionally, the CBSA has announced it will also update the surrogate normal values for certain seamless carbon and oil country tubular goods originating in or exported from China, under measure in force codes SC and OCTG1 respectively!

On June 20, 2024, the Canadian International Trade Tribunal (the “CITT”) issued a preliminary determination of injury, concluding that there was evidence that the alleged dumping and subsidizing of certain pea protein from China (the “Subject Goods”) has caused material injury to the domestic industry.

More details, including the definition of the Subject Goods and product inclusion can be found in the determination here.

On August 21, 2023, the Canadian International Trade Tribunal (“CITT”) announced an Expiry Review of its finding made on October 15, 2018, in Expiry Review RR-2017-005, continuing its finding made on December 11, 2012, in Inquiry No. NQ-2012-003 in respect of Carbon Steel Welded Pipe exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, the Kingdom of Thailand and the United Arab Emirates.

On January 23, 2024, the CITT released a Revised Notice of Expiry Review RR-2023-003, updating certain elements of the Expiry Review Schedule.  Relevant Questionnaires have also been posted.

On November 14, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of cold-rolled steel originating in or exported from the People’s Republic of China (“China”), the Republic of Korea (“South Korea”), and the Socialist Republic of Vietnam (“Vietnam”). On November 15^th CBSA similarly gave notice of the initiation of their parallel expiry review investigation.

The CITT more specifically described the Subject Goods as:

On August 31, 2023, the Canadian International Trade Tribunal (“CITT”) issued a revised notice of an Expiry Review in respect on the dumping and subsidizing of copper pipe fittings from the Socialist Republic of Vietnam (“Vietnam”).

The CITT defined the Subject Goods in its May 25, 2018 Finding:

On September 06, 2023, the Canadian International Trade Tribunal (“CITT”) released its Order continuing the CITT’s original 2018 finding of dumping of carbon and alloy steel line pipe from the Republic of Korea (“South Korea”) but excluding two categories of welded line pipe further described below.

The Subject Goods defined in the order included:

The CITT recently announced an Expiry Review of its Order on Seamless Carbon or Alloy Steel Oil & Gas Well Casing from China.

What is an Expiry Review

Expiry reviews are conducted jointly by the Canada Border Services Agency (“CBSA”) and the Canadian International Trade Tribunal (“CITT”) to review prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) orders made by the CITT (“Orders”) under the Special Import Measures Act (“SIMA”).  They generally occur every five years following the original Order or subsequent renewal.

On July 5, 2023, the Canadian International Trade Tribunal (“CITT”) issed a preliminary determination of injury in respect of certain wind towers from China. The wind towers investigative process now moves back to CBSA, which will make a preliminary determination of its own by August 5, 2023 regarding dumping or subsidy – which can then result in the imposition of provisional duties!

On April 21, 2023, the Canada Border Services Agency (“CBSA”) released a notice that it was initiating investigations under the Special Import Measures Act into the alleged dumping and subsidizing of certain wind towers from China. The investigation was initiated following a complaint by Marmen Inc. and Marmen Énergie Inc., from Trois-Rivières, Québec.

On March 13, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of certain steel piling pipes originating in or exported from the People's Republic of China (China). Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by March 28, 2023!

Both domestic producers and exporters should consider participating in the expiry review, as current anti-dumping duties (“ADDs”) for goods without a normal value are 96.4%, and countervailing duties (“CVD”) are 641.35 Chinese Renminbi (RMB) per metric tonne!

On February 13, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of certain liquid dielectric transformers (large power transformers) originating in or exported from the Republic of Korea (South Korea).  Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by February 28, 2023!

Both domestic producers and exporters should consider participating in the expiry review, as current anti-dumping duties (“ADDs”) for goods without a normal value are 101%!

On February 2, 2023, the Canadian International Trade Tribunal (“CITT”) released an Order continuing the CITT’s original 2017 finding that the dumping of steel concrete reinforcing bar (“rebar”) originating in or exported from Belarus, Taiwan, Hong Kong, Japan, Portugal, and Spain (the “Listed Countries”) has caused injury to Canadian domestic injury.

The Order effectively means that the current anti-dumping duties (“ADDs”) of up to 108.5% will remain in place for Subject Goods originating in or exported from the Listed Countries.

On January 16, 2023, the Canadian International Trade Tribunal (“CITT”) issued a notice that it was beginning an expiry review in respect of certain carbon pipe fittings originating in or exported from the Socialist Republic of Vietnam (“Vietnam”). Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by January 31, 2023!

Both domestic producers and exporters should consider participating in the expiry review, as current anti-dumping duties (“ADDs”) for goods without a normal value are 159%, and countervailing duties (“CVDs”) are 76,360.47 VND per unit!

On December 29, 2022, the Canadian International Trade Tribunal (“CITT”) released an Order continuing the CITT’s original 2012 finding that the dumping and subsidizing of oil country tubular good pup joints (“pup joints) originating in or exported from China was threatening to cause injury to Canadian domestic injury.

The Order effectively means that the current anti-dumping duties (“ADDs”) of up to 173.4% and countervailing duties (“CVDs”) of 9,125.6 Renminbi per metric tonne will remain in place for Subject Goods originating in or exported from China.

On November 28, 2022, the Canadian international Trade Tribunal (“CITT”) issued a notice that it will be conducting an expiry review of its finding regarding stainless steel sinks originating or exported from China. Anyone wanting to participate in the expiry review must file a Notice of Participation with the CITT by December 13, 2022!

Both domestic producers and exporters should consider participating in the expiry review, as current anti-dumping duties (“ADDs”) for goods without a normal value are 103.1%, and countervailing duties (“CVDs”) are 264.94 Renmibi per unit!