Pea Protein: Measures in force

Measure in force code (MIF code)

HPC

Product information

Product definition

Investigations information

The dates of the proceedings and finding concerning this case are:

Tariff classification numbers

Subject goods are normally classified under the following tariff classification number:

1. 3504.00.90.00
2. 2106.10.00.00

Please note that these tariff classification numbers may apply to goods which are not subject to the Special Import Measures Act (SIMA) measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under tariff classification numbers that are not listed. Refer to the product definition for the authoritative details regarding the subject goods.

For more information on the tariff classification numbers, please refer to the Canada Border Services Agency’s (CBSA) Harmonized commodity description and coding system.

Duty liability (Provisional anti-dumping andd countervailing duties)

Country of origin or export: China

Provisional anti-dumping and countervailing duties are payable on subject goods that are released from the CBSA during the period commencing July 22, 2024, and ending on the earlier of the day the dumping and subsidy investigations are terminated, the day on which the Canadian International Trade Tribunal (CITT) makes an order or finding, or the day an undertaking is accepted.

The following table identifies the exporters who currently have specific rates of provisional anti-dumping and countervailing duties:

For importations of subject goods for which the exporter has not been issued specific rates, the rates of anti-dumping and countervailing duties are equal to:

Disclosure of normal values and amounts of subsidy

The liability for provisional anti-dumping and countervailing duty results from the proceedings conducted under SIMA and the preliminary determinations of the CITT. Information regarding the normal value and amount of subsidy of the subject goods in question and the amount of anti-dumping and countervailing duty payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2: Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to importers.

For information on duty assessment, refer to the Guide for self-assessing SIMA duties.

Information required on customs documents

The import documentation should include the information listed below. Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS).

The import documentation should clearly indicate the following:

• Confirmation whether the product is subject to provisional duties
• Exporter ID
• Name and address of producer/manufacturer
• Name and location of plant/factory of production
• Place from which direct shipment to Canada began
• Name and address of vendor (if different from the producer)
• Country of origin
• Country of export
• Canadian customer’s name and address
• Canadian importer’s name and address (if different from the customer)
• Full product description of the goods, including:
  • Model ID
  • Product number
  • Organic or conventional
  • Organic pea input (%)
  • Protein content (%)
  • Physical form
  • Granulometry/fineness (particle size in micron meters)
• Date of sale, date of shipment
• Quantity (state unit of measure, e.g. kilograms, pounds, metric tonnes, etc.)
• Unit selling price and total selling price to importer in Canada
• Currency of settlement used (e.g. US$, CDN$, etc.)
• Terms and conditions of sale (e.g. FOB, CIF, etc.)
• All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada (includes inland and ocean freight, insurance, duties, port and handling charges, etc.) and
• The amount of any export taxes applicable to the goods

Appeal decisions relating to subjectivity

Summaries of appeal decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on President-level re-determinations.

Email for subjectivity opinions and duty assessment questions

Trade_Programs-Programmes_commerciaux@cbsa-asfc.gc.ca

Important Prior to submitting a subjectivity opinion request, please review the “detailed product information”. Each request must be supported with essential information including, but not limited to, pictures, mill certificates, measurements, origin of the goods, etc. in relation to the specific product in question.

Failure to provide sufficient information will result in a rejection of the request by the CBSA.

CITT reference number(s)

• PI-2024-001