On November 17, 2023, the Canadian International Trade Tribunal (“CITT“) announced its findings in accordance with the Law on special import measures(“SIMA“) concerning certain steel wind turbine towers and parts thereof from China (NQ-2023-001).

Following the Canada Border Service Agency’s final determination (October 18, 2023), which concluded that the goods in question were dumped and subsidized into Canada, the Court found that such dumping and subsidization caused harm to the domestic industry have added. As a result, definitive anti-dumping and countervailing duty measures now apply to imports of the products in question.

The Tribunal’s determination concerns steel utility wind towers and parts thereof designed or capable of supporting the nacelle and rotor blades of a wind turbine having both of the following characteristics: (i) a minimum rated power generation capacity of more than 100 kilowatts; and (ii) a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. This includes “a kit of prefabricated steel components designed and intended for the assembly or construction of a wind tower or part thereof.”

The Court’s finding also extends to all flanges (i.e. steel rings used to connect tower sections together), doors and internal or external components that are either: (i) attached to or connected to the wind towers in question; or (ii) shipped with the applicable wind towers and intended to be installed in Canada as part of their final assembly or construction. The court’s finding provides the following examples of such “internal or external components”: floors/decking/platforms, ladders, elevators, brackets, electrical busbars, electrical cables, conduits, nacelle generator wiring harness, interior lighting, tool and storage cabinets. . Because this list is not exhaustive, other internal and external components may also be covered.

Excluded from the court’s determination are the nacelles and rotors of the wind towers (e.g. rotor blades and hubs), regardless of whether they are attached to the goods in question, as well as any flanges, doors and internal or external components that are imported separately and independent (e.g. as parts for existing wind towers and/or unaffected wind towers from Canada or third countries).

Also excluded from the Tribunal’s determination are affected items “imported for installation in energy projects west of the Ontario-Manitoba border” (i.e., British Columbia, Yukon, the Northwest Territories, Alberta, Saskatchewan, Manitoba and Nunavut).

Company-specific normal values ​​and subsidy amounts were granted to three exporters of the products in question (CS Wind China Co., Ltd.; Penglai Dajin Offshore Heavy Industry Co., Ltd.; and Shanghai Taisheng Wind Power Equipment Co., Ltd.). ). The following measures apply to imports from all other exporters: an anti-dumping duty of 159.3% the export price; and a countervailing duty amounting to 101,292.73 CNY per section (approx $19,975 CAD As of November 21, 2023). (For more information, see).

The CITT is expected to issue a full statement of reasons by Monday, December 4, 2023.

Source: Lexology