WG 2022 UP2: Wheat gluten
Notice of normal value and export price review
Ottawa,
The Canada Border Services Agency (CBSA) has today initiated a normal value and export price review of wheat gluten exported to Canada by Roquette group (Roquette Frère and Roquette Amilina).
The review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) injury finding issued on April 22, 2021, respecting the dumping of wheat gluten from Australia, Austria, Belgium, France, Germany and Lithuania, in accordance with the Special Import Measures Act (SIMA).
The product definition and the applicable tariff classification numbers of the goods subject to the CITT finding are contained in Appendix 1 (subject goods).
Should the exporter decide to participate in this normal value and export price review, it is required to provide a complete and accurate response to the CBSA’s dumping request for information (RFI) by July 22, 2022.
The purpose of this review is to determine company specific normal values and export prices for Roquette’s wheat gluten products, in accordance with SIMA.
The schedule for this review is now available. The CBSA will close the record for this normal value review at any time during the proceeding, without advanced notice, once it has been determined that sufficient information has been received to make a decision. Therefore, interested parties are encouraged to provide any and all information that they feel is relevant to this review to the CBSA as early as possible. The CBSA will update the website to announce that the record has been closed. Interested parties will have seven days from the close of the record to file case arguments concerning the normal value and export price review and 14 days from the close of the record to file reply submissions in respect of the case arguments.
Normal values established during this review will apply to subject goods released from the CBSA on or after the conclusion date. The normal values and export prices determined as a result of this review may be applied to any requests for re determination of importations of subject goods that have not been processed prior to the conclusion of the review, regardless of the date that the requests were received. The normal values and export prices determined as a result of this review may be applied retroactively where the conditions described below are met.
Please note that exporters with normal values are required to promptly inform the CBSA in writing of changes to domestic prices, costs, market conditions or terms and channel of sale associated with the production and sales of the goods. All parties are cautioned that where there are increases in domestic prices and/or costs as noted above, the export price for sales to Canada should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters did not properly notify the CBSA of any such changes, did not adjust export prices accordingly, or did not provide the information required to make any necessary adjustments to normal values and export prices, retroactive assessments of anti dumping duties may be warranted.
In situations where related parties are involved, companies are cautioned that they must increase resale pricing to their unrelated customers in Canada in order to avoid secondary dumping. If it is determined that the company has raised its selling prices in Canada to levels necessary to eliminate all secondary dumping, the export prices will be calculated under section 24 of SIMA. Price reviews will continue to be conducted to ensure that an appropriate selling price is maintained in the Canadian market. However, if as a result of a review, a company is found to be in a secondary dumping situation, anti-dumping duties may be assessed retroactively.
Any questions concerning the above should be directed to:
- Telephone:
- Sean Robertson: 343-553-1584
- Jordan Harris: 343-573-3003
Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Appendix 1—product definition
Subject goods definition
Wheat gluten, whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F-27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder including the Safe Food for Canadians Regulations, S.O.R./2018-108, all of which as may be amended or replaced from time to time.
For greater certainty, the subject goods include but are not limited to vital wheat gluten as defined by the World Health Organization’s Codex Standard 163-1987, Rev. 1-2001 (“Standard for Wheat Protein Products Including Wheat Gluten”).
Tariff classification numbers
The subject goods are usually classified under the following tariff classification numbers:
- 1109.00.10.00
- 1109.00.20.00
This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
- Date modified: