Pursuant to subsection 37.1(1) of the Special Import
Measures Act, on February 3, 2015, the Canadian International
Trade Tribunal (CITT) determined that there is reasonable evidence
that the dumping and subsidizing of photovoltaic modules and
laminates from China have caused injury or are threatening to cause
injury to the domestic industry.
The CITT's preliminary injury inquiry followed the
notification, on December 5, 2014, that the Canada Border Services
Agency (CBSA) had initiated an anti-dumping and countervail
investigation into imports of solar panels and solar modules from
China. The CBSA will now continue its inquiry into whether the
goods are being sold at dumped or subsidized prices, and is
expected to issue a preliminary determination of dumping and
subsidy on March 5, 2014. To conduct its inquiry, the CBSA will
request information from importers, exporters, and the foreign
government (in the case of a subsidy investigation), and may visit
these entities to verify responses. Exporters who participate in
the investigation can obtain exporter specific "normal
values", which will determine the amount of duty owing if the
CITT makes a final determination of injury. Exporters who do not
participate will be required to pay a non-cooperative rate of duty,
which may be significantly higher.
If the CBSA makes a preliminary determination of dumping or
subsidy on March 5, 2015, imported goods will be subject to a
provisional duty that will be in effect from the date of the
CBSA's preliminary determination until the CITT issues its
final injury decision. The CBSA will make its final determination
of dumping and/or subsidy within 90 days of its preliminary
determination. The CITT will concurrently undertake its inquiry as
to whether there has been material injury, and will issue a final
determination within 120 days of the CBSA's preliminary
determination of dumping and/or subsidy.
Chinese solar imports are currently subject to duties in Europe
and the US. The CITT preliminary inquiry ruling brings Canada one
step closer towards imposing anti-dumping and subsidizing duties in
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