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Background
On August 31, 2026, the Canada Border Services Agency (“CBSA”) formally initiated anti-dumping and countervailing duty investigations under the Special Import Measures Act (“SIMA”) concerning truck and bus tires originating in or exported from the People’s Republic of China (TBT 2026 IN). The complaint was filed by the Canadian Retread Manufacturers Association and Michelin North America (Canada) Inc. These investigations have significant implications for producers, exporters, and importers, including companies from Korea, Japan, Singapore, and other countries with production or sourcing operations in China, that produce, export, or import the subject goods into Canada.
Concurrently, on September 1, 2026, the Canadian International Trade Tribunal (“CITT”) initiated a preliminary injury inquiry (PI-2026-005) pursuant to SIMA. The CITT inquiry will be conducted entirely by way of written submissions. The CITT will determine by October 30, 2026, whether there is a reasonable indication that the alleged dumping and subsidizing have caused injury or retardation, or are threatening to cause injury. If the CITT makes a positive determination and the CBSA makes preliminary determinations of dumping or subsidizing by November 30, 2026, the CBSA will continue its investigations and the CITT will initiate a final injury inquiry. Potentially interested parties should designate counsel and take steps to participate in the CITT proceedings by September 14, 2026.
Importantly, the CITT does not consider product exclusion requests during the preliminary injury inquiry stage. Should the matter proceed to a final injury inquiry, the schedule for filing product exclusion requests will be included in the notice of commencement of that inquiry.
The investigations cover pneumatic tires of rubber suitable for use on trucks, buses, trailers, and other medium and heavy vehicles, with a nominal rim diameter of 17.5, 19.5, 22.5, or 24.5 inches. This includes new or retreaded tires, tube type, tubeless, radial, and nonradial, irrespective of width, aspect ratio, load index, or ply rating, whether or not mounted on wheels or rims. The relevant tariff classification numbers include 4011.20.00.13, 4011.20.00.19, and 4012.12.00.00.
Why this matters
Producers and exporters based in or operating from China are directly affected by these investigations. This includes companies from Korea, Japan, Singapore, and other countries that manufacture in China and export to Canada. Canadian importers who purchase these goods are also affected and must submit their own RFI responses by 5:00 p.m. ET on September 21, 2026—before the October 7, 2026, deadline for exporters and foreign producers. Failure to respond may result in “facts available” determinations and higher duty rates.
Potential consequences of these investigations may include:
- Imposition of provisional anti-dumping and countervailing duties, potentially as early as November 30, 2026
- Final duties that could remain in place for five years or more, substantially increasing the landed cost of affected products in the Canadian market
- Section 20 of SIMA is a significant consideration in CBSA investigations involving goods from China, and CBSA is examining its application in this investigation. If applied, CBSA may determine normal values using alternative pricing and cost information rather than Chinese domestic prices and costs, potentially resulting in higher dumping margins
- Risk of “facts available” determinations if RFI responses are incomplete or untimely, potentially resulting in significantly higher duty rates
Key timelines and deadlines
| Dates & timelines | Event | Details |
|---|---|---|
| August 31, 2026 | Initiation date | CBSA AD/CVD investigations are now formally underway |
| Within 15 days of initiation (i.e., before September 15, 2026) | Statement of reasons | Will contain critical details regarding the CBSA's analysis and methodology |
| September 14, 2026 | CITT participation deadline | Deadline to file Form I, Form II, and Form III with the Tribunal to participate in the preliminary injury inquiry |
| September 18, 2026 | CITT distribution of CBSA record | Tribunal distributes public and confidential information received from the CBSA to counsel and participants |
| September 21, 2026, at 5:00 p.m. ET | Importer RFI responses due | Importers must submit completed RFI responses by this deadline |
| September 28, 2026, by noon ET | CITT submissions by parties opposed | Parties opposed to the complaint must file written submissions addressing injury, like goods, and domestic industry |
| October 5, 2026, by noon ET | CITT reply submissions | Complainants and supporting parties may file reply submissions |
| October 7, 2026, at 5:00 p.m. ET | Exporter, government & surrogate RFI responses due | Exporters and foreign producers must submit comprehensive RFI responses by this deadline |
| November 16, 2026 | CITT reasons for determination | Tribunal will publish its reasons for the preliminary injury determination |
| November 30, 2026 | Preliminary determination | Provisional duties may be imposed at this stage |
Preparing comprehensive RFI responses is a substantial exercise for producers, exporters, and importers. Canadian importers face the earlier deadline of September 21, 2026, at 5:00 p.m. ET, while exporters and foreign producers must respond by October 7, 2026, at 5:00 p.m. ET. Companies intending to participate in the investigations should begin preparing immediately, taking into account the different obligations and timelines that apply to each participant.
Why experienced Canadian trade counsel is important
The complexity of Canadian trade remedy proceedings, particularly those involving China, demands early and proactive engagement with experienced counsel. Producers, exporters, and Canadian importers should consider the following:
- CBSA questionnaire responses: Under SIMA, producers, exporters, and Canadian importers have different RFI obligations; importers face a different, earlier deadline of September 21, 2026, while exporters and foreign producers must respond by October 7, 2026. All respondents must provide comprehensive, accurate, and timely responses. Incomplete or deficient responses may result in the CBSA resorting to “facts available,” potentially resulting in significantly higher duty rates.
- Section 20 (Nonmarket Economy): Section 20 is a significant consideration in CBSA investigations involving goods from China, and CBSA is examining its application in this investigation. If applied, CBSA may determine normal values using alternative pricing and cost information rather than Chinese domestic prices and costs, potentially resulting in higher dumping margins.
- Respondent selection strategy: Given the anticipated number of producers and exporters operating from China, the CBSA may select a limited number of mandatory respondents. Strategic engagement is critical to ensure favourable treatment, whether as a selected respondent or as a nonselected exporter.
- Confidential business information: Protecting proprietary commercial data throughout the proceedings requires careful handling by counsel experienced in SIMA confidentiality requirements.
How Gowling WLG can help
Gowling WLG is a leading international law firm with one of Canada’s most experienced trade remedies practices. Our team has represented foreign exporters, producers, and importers in numerous CBSA anti-dumping and countervailing duty investigations. We work with clients across Asia, including Korean, Japanese, and Singaporean companies, and have a proven track record of achieving favourable outcomes for our clients.
Critically, our team includes Korean-speaking professionals, enabling us to communicate directly with Korean head offices and ensure that no nuance is lost in the preparation of a case. The team also has experience working with Japanese and Singaporean clients, including companies with production or sourcing operations in China, and understands the challenges of coordinating cross-border responses to CBSA investigations and navigating the complexities of Section 20 proceedings.
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