Wind towers: Measures in force
Dumping and subsidizing (China)
Measure in force code (MIF code)
WT
Product information
Product definition
- “Certain steel utility wind towers and sections thereof originating in or exported from the People's Republic of China:
- 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
- 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
- but excluding
- nacelles and rotors (e.g. blades and hubs), regardless of whether they are attached to the wind tower or sections
- 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,
- 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:
- a minimum rated electrical power generation capacity in excess of 100 kilowatts ("kW"), and
- 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
- 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.
- 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
- 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”
- 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:
Exclusion
The Canadian International Trade Tribunal excludes from its finding the above-mentioned goods imported for installation in energy projects located west of the Ontario-Manitoba border.
Investigations information
The dates of the proceedings and finding concerning this case are:
| Action | Date |
|---|---|
| Initiation of investigation | |
| Preliminary determination | |
| Final determinations | October 18, 2023 |
| Canadian International Trade Tribunal’s Finding | November 17, 2023 |
Tariff classification numbers
Subject goods are normally classified under the following tariff classification number:
7308.20.00.00
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:
8502.31.00.00
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.
| Exporter | Exporter ID | Cooperative since | Last revised |
|---|---|---|---|
| CS Wind China Co., Ltd. | In progress | ||
| Penglai Dajin Offshore Heavy Industry Co., Ltd. | 713727212RM0001 | ||
| Shanghai Taisheng Wind Power Equipment Co., Ltd. | 721721215RM0001 |
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 159.3% 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:
| Exporter | Exporter ID | Amount of subsidy per section | Cooperative since | Last revised |
|---|---|---|---|---|
| CS Wind China Co., Ltd. | In progress | 22,647.00 CNY | ||
| Penglai Dajin Offshore Heavy Industry Co., Ltd. | 713727212RM0001 | 13,682.11 CNY | ||
| Shanghai Taisheng Wind Power Equipment Co., Ltd. | 721721215RM0001 | 26,786.29 CNY |
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 101,292.73 CNY per section.
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.
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:
- 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
- Project name
- Product type
- Type of section
- Height of section (or tower)
- Weight of steel plates
- Weight of flanges
- Weight of internals and external components
- Steel plate grade
- Steel plate thickness
- Flanges grade
- Welding treatment
- Degree of metallization
- Paint coating materials
- Number of paint coats internally
- Number of paint coats externally
- Electrical conduit type and material
- Electrical conduit length
- Number of elevators
- Number of platforms and material
- Number of ladders and material
- Number of doors and material
- Other internal or external components
- 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
CITT reference number(s)
- PI-2023-001
- NQ-2023-001
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