PRELIMINARY DETERMINATION: WHEAT GLUTEN
CBSA IMPOSES PROVISIONAL DUTIES ON WHEAT GLUTEN FROM ITALY, POLAND & UK
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On September 17, 2026, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping and subsidizing in respect of wheat gluten originating in or exported from Italy, Poland, and the United Kingdom (the “Subject Goods”). Provisional duties are now imposed on imports of the Subject Goods released from the CBSA on or after September 17, 2026.
Background Information
On June 19, 2026, the CBSA issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of the Subject Goods, which are defined as follows:
Wheat gluten whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Italy, Poland, or the United Kingdom, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F-27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder including the Safe Food for Canadians Regulations, S.O.R./2018-108, all of which as may be amended or replaced from time to time
There is also a specific inclusion in the Subject Goods for “vital wheat gluten as defined by the World Health Organization’s Codex STAN 163-1987, Rev. 1-2001”.
Provisional Duties Effective September 17, 2026!
Following the CBSA’s preliminary determination of dumping, provisional duties are now imposed at the rates specified by CBSA on imports of the Subject Goods released on or after September 17, 2026.
The CBSA has assigned a specific provisional anti-dumping duties (“ADD”) as detailed below:
|
Country |
Exporter |
Provisional Duty |
|
Italy |
Sedamyl Group (Italy) |
37.0% |
|
All Other Exporters |
66.1% |
|
|
Poland |
Cargill Group |
12.6% |
|
All Other Exporters |
29.7% |
|
|
UK |
Sedamyl Group (UK) |
7.0% |
|
All Other Exporters |
20.2% |
Final Dumping Investigation and Injury Determination
Focus now turns to the CITT for its final finding on whether the dumping of Subject Goods has caused or is threatening to cause injury to the domestic Canadian industry. Anyone wishing to participate in the CITT hearing the week of December 14, 2026, must file a Notice by October 2, 2026.
The CBSA is expected to provided its findings on January 15, 2027, with the reasons for its findings to follow 15 days after in its statement of reasons.
who engage get much lower ADDs.
Get involved before it is too late!
What Does this Mean for Me?
The fact that all participating exporters received significantly lower ADDs highlights the importance of participating in CBSA investigations. Interested parties who have not cooperated with the CBSA investigation should contact counsel as soon as possible to determine potential next steps.
If your business imports Subject Goods or is considering doing so, you should seek Canadian legal advice immediately given the provisional duties in effect. Failure to consult with Canadian legal counsel on this issue could lead to a costly assessment by the CBSA!
For help with a Dumping Investigation or Injury Inquiry, please click here.