Investigations into Pea Protein Imports from China

Summary#

On April 22, 2024, the Canada Border Services Agency (CBSA) started investigations under the Special Import Measures Act into alleged dumping and subsidizing of certain pea protein imported from the People’s Republic of China. The Canadian International Trade Tribunal (CITT) has opened a preliminary injury inquiry and must decide within 60 days whether there is a reasonable indication that Canadian industry is being harmed.

What it does#

• Opens anti-dumping and countervailing-style investigations into certain pea protein from China.
• Covers goods normally classified under tariff numbers 3504.00.90.00 and 2106.10.00.00 (these codes may include non-subject goods and subject goods may fall under other codes).
• Defines the subject product as high protein content (HPC) pea protein with a minimum pea protein content of 65% on a dry-weight basis (calculated using a Jones factor of 6.25). Excludes texturized pea protein and pea protein that has been further processed into finished products so it no longer has its original properties.
• The Canadian International Trade Tribunal will run a written preliminary injury inquiry (Preliminary injury inquiry PI-2024-001) and must issue a decision within 60 days of initiation.
• The CBSA asks interested parties to send written submissions by email to simaregistry@cbsa-asfc.gc.ca. To be considered by the CBSA, submissions should arrive by August 29, 2024. Confidential submissions must be accompanied by a non‑confidential edited version.
• The Tribunal set participation and filing dates: forms to participate and to represent counsel are due by May 6, 2024; submissions by parties opposed to the complaint are due by May 22, 2024 (noon ET); complainants’ responses are due by May 28, 2024 (noon ET). The Tribunal will publish a list of participants on May 9, 2024.
• The CBSA will publish a Statement of Reasons within 15 days after its decision.

Who's affected#

• Importers and distributors who bring pea protein into Canada from the People’s Republic of China.
• Canadian pea growers and pea-protein processors and producers who compete with imported product.
• Food manufacturers and brands that use pea protein (for example in plant-based products, protein powders, or food ingredients).
• Retailers and consumers could be indirectly affected if supply, prices, or product choices change.
• It is unclear exactly which businesses or shipments will be targeted because the listed tariff codes include non-subject goods and the product can appear under other codes.

Why it matters#

• This is the first formal step in deciding whether imports of this specific pea protein are unfairly priced or subsidized and whether they are harming Canadian industry.
• If the inquiry finds a reasonable indication of injury, the investigations will continue and interested parties’ evidence could influence later outcomes. If not, the investigations will be stopped.
• Deadlines are short: businesses that want to provide evidence or take part should note the May 6, 2024, May 22, 2024, May 28, 2024, and August 29, 2024 dates and the contact points listed by the CBSA and the Tribunal.