Thermoelectric coolers and warmers: Measures in force

Measure in force code (MIF code)

TC

Product information

Product definition

Exclusions

The exclusion of liquid dispensers from the definition is intended to exclude such products as water coolers, cream dispensers and milk dispensers.

Additional information

The subject goods are commonly referred to as thermoelectric coolers and/or thermoelectric warmers. The thermoelectric coolers and/or warmers are sold for use as travel coolers and warmers, home use coolers, novelty coolers, wine coolers and as commercial coolers and warmers for the transportation of meals, medicines and the display of retail products.

The thermoelectric coolers and/or warmers are operated using either a DC power cord, a 120 volt power adapter or a battery. The thermoelectric coolers and warmers contain no gasses, pipes, coils or compressor. The only moving part is a 12 volt fan(s).

The interior of the container is normally made of plastic, the exterior can either be made of plastic, metal, a combination of plastic and metal or of a soft-shell that covers the plastic interior. The coolers/warmers have a lid/door that is made of plastic, metal, glass or a combination of these materials.

Investigation information

The dates of the proceedings concerning this case are:

Tariff classification numbers

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

• 8418.50.10.00
• 8418.50.29.00
• 8418.61.00.00
• 8418.69.90.90
• 8418.99.90.90

The subject goods may also be imported under the following tariff classification numbers:

• 8418.29.00.00
• 8418.69.90.80

Please note that these 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.

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 37% 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:

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 53.27 CNY per NMB.

Disclosure of normal values and amounts of subsidy

The liability for anti-dumping and countervailing duty results from the proceedings conducted under SIMA and from the finding of the Canadian International Trade Tribunal (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.

General information for CBSA assessment and revenue management (CARM)

CARM is the official system of record for the assessment and collection of duties and taxes on imported commercial goods. In most circumstances, the CARM system will automatically calculate the amount of SIMA duties payable based on information provided; however, it is still your responsibility to verify that the amounts assessed are correct and, if necessary, self-declare correct amounts. For additional information relating to CARM and self-assessing SIMA duties, please refer to the Guide for self-assessing Special Import Measures Act duties and applicable D-Memorandums.

Requests for re-determination information for CARM

Requests for re-determination relating to SIMA duties must be filed by the importer or the importer’s agent via the CARM Client Portal (CCP), through the Statements of adjustment and appeals. Failure to submit correctly may result in rejection and/or delayed processing.

Summary 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.

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:

• Indication whether the product is subject to anti-dumping and/or countervailing (SIMA) duties
• Exporter ID
• Country of origin
• Name and address of producer/manufacturer
• Name and address of vendor (if different from the producer)
• Customer's name and address
• Canadian importer's name and address (if different from the customer)
• Model ID
• Model description
• Full product description including whether the goods fall within the scope of subject goods:
  • Model ID
  • Model description
  • Whether the goods fall within the scope of subject goods
• Date of sale, date of shipment
• Quantity (including the unit of measure)
• Unit selling price, total selling price
• 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 from the point of direct shipment (including the inland and ocean freight, insurance, etc.)

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 the President-level re-determinations page.

Email for duty assessment questions

SIMA_Compliance-Observation_LMSI@cbsa-asfc.gc.ca

CITT reference number(s)

• NQ-2008-002
• RR-2012-004
• RR-2018-004