On July 3, 2015, the Canadian International Trade Tribunal
("CITT") issued its ruling in inquiry NQ-2014-003. The
inquiry concerned the question of injury or threat of injury to the
Canadian solar energy industry from dumping and subsidizing of
photovoltaic modules and laminates from China. The Canada
Border Services Agency ("CBSA") issued final
determinations, dated July 3, 2015, finding that the goods had been
dumped and subsidized. The CITT found that, with the
exception of monocrystalline photovoltaic modules, the
dumping and subsidization threatens to injure Canada's domestic
industry and, as such, has issued duties to be in effect for the
next five years.
Is there an appeal from the CITT decision? When does the appeal
If an appellant, a respondent, or an intervener disagrees with
the CITT's decision, it may be further appealed to the Federal
Court of Appeal within 90 days of the decision.
What are the applicable tariff rates? What happens to the
provisional duties which were levied?
The final duties that will apply to imports from manufacturers
in the affected countries will remain confidential, but generally
will be based on the provisional duties that were imposed in March
2015. Those duties ranged anywhere from 50% to 280% of the export
prices of the solar modules. The provisional duties which
were levied and collected during the investigation will be
refunded, due to the fact that no material injury to the industry
was found. In other words, when the CITT rules that there is a
"threat of injury", duties are applied on a go-forward
How will this affect Canada's domestic solar
The CITT order applies only to photovoltaic modules and
laminates originating or imported from China. Therefore, the order
may have very little practical impact on the presence of imported
product in the Canadian market, given that most Chinese solar
manufacturers have mature manufacturing capabilities in other
countries (for example, Taiwan, Malaysia, and Indonesia). It
remains to be seen whether domestic manufacturers will initiate
complaints regarding imports from these countries, particularly if
the supply of imported goods to the Canadian market shifts to these
countries. As an aside, we do note that Canadian solar
manufacturers have benefitted substantially from the recent decline
in the Canadian dollar – particularly as they sell high
quality products into the burgeoning U.S. markets. Assuming the
Canadian dollar remains low, this may have an impact on the impetus
to bring future anti-dumping/countervailing proceedings.
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