---

SIMA RELIEF FOR SMALL SOLAR MODULES?

CITT CONSIDERING REQUEST FOR EXCLUSION FROM SIMA DUTIES

On December 11, 2025, the Canadian International Trade Tribunal (CITT) announced the commencement of an interim review regarding its existing order imposing Anti-Dumping Duties (“ADDs”) and Countervailing Duties (“CVDs”) on certain Photovoltaic Modules and Laminates from China.  The review will consider introducing an exclusion to the definition of Subject Goods which would effectively remove Anti-Dumping Duties from a narrow subset of Chinese solar panels.

Below, we explain what interim reviews are and why they are a useful tool to ensure that Canada gains from global innovation while protecting its domestic industry from unfair foreign competition.

What is an Interim Review?

Under the Special Import Measures Act (SIMA), the CITT, after a request by domestic producers followed by an extensive review, may order a “Measure” to be put in force against specified categories of imported goods coming from a specified country/region.  Such a Measure is enacted if the CITT determines that the goods at issue are imported into Canada at lower than their normal value, causing injury/harm to competing domestic producers. SIMA Measures impose (often large) duties on those imports, designed to protect Canadian producers from unfair foreign competition. 

SIMA Measures last five years but the CITT holds interim reviews upon request when an impacted party wants the terms of a Measure to be modified. 

Interim reviews may consider amending a Measure in a variety of ways.  In this case, for example, the review will consider excluding certain goods with no domestic substitute.

The Trigger: Flexible Solar for Transport Trucks/Low Voltage Solar

The catalyst for this review was a request filed by Kings Solar Solutions Inc.  They are seeking an exclusion for a narrow class of imports from China: flexible solar panels of a certain size, designed to affix to the curved surfaces of transport truck fairings.  If accepted, such panels will no longer be subject to ADDs and CVDs.

Evidently, this is a unique new product that Canadian manufacturers do not produce – so importation is the only option.  When the Tribunal canvassed the parties earlier this fall, major domestic players Heliene Inc. and Silfab Solar Inc. did not oppose the interim review.  In fact, they suggested broadening the proposed exclusion to “low wattage modules, such as modules with a power output not exceeding 200 watts.”

Because the domestic industry has already signaled consent, this proceeding may be smoother than a contested review.

Takeaways

For importers and stakeholders, this interim review offers several valuable lessons:

First, businesses importing a product that domestic Canadian manufacturers cannot manufacture domestically may have valid grounds for an interim review.

Second, businesses impacted by SIMA Measures should monitor the international market and be proactive.  Although the domestic producers in this case admitted they are not currently producing these PV modules, no exclusion would have been considered had it not been for the request filed by Kings Solar Solutions Inc.  Keeping a pulse on the actual capabilities of the domestic Canadian industry is essential for identifying potential exclusion opportunities.

For help with SIMA issues, please click here.

Download a PDF copy of this Blog here.