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Notice of initiation of investigations: Wind towers (WT 2023 IN)

Ottawa,

The Canada Border Services Agency (CBSA) initiated investigations on April 21, 2023, under the Special Import Measures Act respecting the alleged injurious dumping and subsidizing of certain wind towers from China. The investigations follows a complaint filed by Marmen Inc. and Marmen Énergie Inc. (collectively "Marmen") (Trois-Rivières, QC).

The subject goods are usually classified under the following tariff classification numbers:

However, they can also be imported under the following tariff number, in particular if they are imported with other wind turbine components, such as the nacelle or rotors:

The product definition is contained in Appendix 1.

The CBSA will investigate whether the imports are being dumped and/or subsidized and will make preliminary decisions within 90 days, at which time provisional duties may apply.

Additional information about the investigations will be available in a Statement of reasons that will be available within 15 days.

Contact us

  • Telephone:
  • Ted Chester: 343-553-1888
  • Nalong Manivong: 343-549-0429

Email: SIMA_Disclosure_and_Registry_Unit@cbsa-asfc.gc.ca

Appendix 1: Product definition

The subject goods are defined as:

Certain steel utility wind towers and sections thereof originating in or exported from the People's Republic of China.

  1. with or without flanges, doors, or internal or external components (e.g., flooring/decking/platforms, ladders, lifts, brackets, electrical busbars, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached or adjoined to the wind tower or section, and
  2. whether or not they are joined with non-subject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise
  3. but excluding
    1. nacelles and rotors (e.g. blades and hubs), regardless of whether they are attached to the wind tower or sections
    2. Subject to paragraph 1.C.i., flanges, doors and internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the wind towers or sections and are intended to be attached to the wind tower or sections as part of its final assembly or construction

For certainty and clarity,

  1. The wind towers and sections described at paragraph 1 are designed to, or capable of, supporting the nacelle and rotor blades for a wind turbine with both:
    1. a minimum rated electrical power generation capacity in excess of 100 kilowatts ("kW"), and
    2. with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled
  2. Items described at paragraph 1.A. and attached to the towers or sections thereof are part of the tower or tower sections and within scope unless specifically excluded under paragraph 1.C.
  3. The goods described at paragraph 1.A. are a non-exhaustive list. The absence of a good from the list does not mean the good is excluded
  4. The goods described at paragraph 1.A include a kit of fabricated steel components that are designed and intended to be assembled or constructed into a wind tower or section thereof

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