On December 5th, the Canada Border Services Agency (CBSA) announced to initiate investigations into the alleged injurious dumping and subsidizing of certain PV modules and laminates imported from China. The preliminary determination or termination will be announced on March 5th, 2015.
The investigations follow a complaint filed by Eclipsall Energy Corporation (Toronto, Ontario); Heliene Inc. (Sault Ste. Marie, Ontario); Silfab Ontario Inc. (Mississauga, Ontario); and Solgate Inc. (Woodbridge, Ontario) (the complainants). They accused that China’s certain PV products with subsidies are dumped to Canada and has injured domestic PV makers. The Canadian International Trade Tribunal will begin a preliminary inquiry to determine whether the imports from China are harming Canadian producers and will issue a decision by February, 2015. In the meantime, the CBSA will investigate whether the imports are being dumped and/or subsidized, and will make a preliminary decision by March 5th, 2015.
Under the Special Import Measures Act, Canadian producers are protected from the damaging effects of such unfair trade.
According to CBSA, the criteria are:
- Dumping occurs when goods are sold to importers in Canada at prices that are less than their selling prices in the exporter's domestic market or at unprofitable prices.
- Subsidizing occurs when goods imported into Canada benefit from foreign government financial assistance.
Schedule (Source: CBSA)
| President’s Investigations Schedule | |
| December 5th, 2014 | Initiation of the President’s dumping and subsidy investigations |
| December 19th, 2014 | Statement of Reasons issued regarding the initiation of investigations |
| December 29th, 2014 | Importer responses to CBSA’s Request for Information due |
| January 12th, 2015 | Exporter and Government responses to CBSA’s Request for Information due |
| March 5th, 2015 | Preliminary Determination or termination of the President’s dumping and subsidy investigations |
| March 20th, 2015 | Statement of Reasons issued (Preliminary Determination or termination) |
| In the event of a Preliminary Determination | |
| March 5th, 2015 | Exporter and Importer ruling letters available |
| April 20th, 2015 | Closing of the Record date |
| April 27th, 2015 | Case Arguments due from all parties |
| May 4th, 2015 | Reply Submissions due from all parties in respect of Case Arguments |
| June 3rd, 2015 | Final Determination or Termination of the President’s dumping and subsidy investigations |
| June 3rd, 2015 | Exporter and Importer ruling letters available |
| June 18th, 2015 | Statement of Reasons issued (Final Determination or Termination) |
