Pea Protein: Measures in force

Measure in force code (MIF code)

HPC

Product information

Product definition

Exclusion

Designs for Health® brand PurePea™, Vanilla Flavour protein drink powder, for human consumption that is sold in retail size individual plastic containers no greater than 2 lb each, marketed and sold to registered health care practitioners, as defined in section 2 of the Canada Health Act, for use by their patients. It is approved as a natural health product by Health Canada as NHP 80051080 for which Health Canada has approved a statement of therapeutic or prophylactic uses.

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 (Anti-dumping duties)

Country of origin or export: China

The following table identifies the exporters who currently have been issued normal values. Please refer to the Normal Value Model ID Table for information relating to model IDs, model descriptions and units of measure. Information regarding the normal values of subject goods should be obtained from the exporter. Please note that model information is posted only for exporters who have successfully enrolled in an exporter ID.

Pursuant to paragraph 41(1)(a) of SIMA, the CBSA terminated the dumping investigation in respect of pea protein exported to Canada from:

For importations of subject goods originating in or exported from China, for which the exporter has not been issued specific normal values, the anti-dumping duty is equal to 24.9% of the export price.

Duty liability (Countervailing duties)

Country of origin or export: China

The following table identifies the exporters who currently have a specific amount of subsidy:

Pursuant to paragraph 41(1)(a) of SIMA, the CBSA terminated the subsidizing investigation in respect of pea protein exported to Canada from:

For importations of subject goods originating in or exported from China, for which the exporter has not been issued a specific amount of subsidy, the countervailing duty is equal to 5.84 CNY per kilogram.

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 duty assessment questions

SIMA_Compliance-Observation_LMSI@cbsa-asfc.gc.ca

CITT reference number(s)

• PI-2024-001
• NQ-2024-002