Part IOrderVolume 158, Number 18Published: May 4, 2024

Pea Protein Dumping Investigations

Canada Gazette, Part I, Volume 158, Number 18: COMMISSIONS

CANADA BORDER SERVICES AGENCY

Key facts

Published
May 4, 2024
Comment deadline
August 29, 2024
Effective date
Unclear

Summary#

  • The Canada Border Services Agency (CBSA) has started investigations under the Special Import Measures Act into alleged dumping and subsidizing of certain pea protein from China. The Canadian International Trade Tribunal (CITT) has opened a related preliminary injury inquiry (PI-2024-001).
  • Separately, the CITT has begun an inquiry into a procurement complaint (File PR-2024-003) from eVision Inc. and SoftSim Technologies Inc. (joint venture) about an Royal Canadian Mounted Police (RCMP) IT services solicitation.

What it does#

  • CBSA investigation (started April 22, 2024):

    • Looks at alleged injurious dumping and subsidizing of certain pea protein from China.
    • Flags the tariff classification numbers 3504.00.90.00 and 2106.10.00.00 as commonly used for these goods, but says those codes may include non‑subject goods and that subject goods could be under other codes.
    • Invites written submissions; the CBSA asks to receive them by August 29, 2024 (sent electronically to its registry).
    • Says a Statement of Reasons will follow the CBSA decision.
  • CITT preliminary injury inquiry (notice dated April 23, 2024, PI-2024-001):

    • Will decide whether the dumping/subsidizing of high-protein-content pea protein from China is causing or threatening injury to Canadian industry.
    • Defines the subject goods as pea protein with a minimum pea protein content of 65 percent (dry weight, using a Jones factor of 6.25), in all physical forms, excluding certain texturized forms and when the pea protein is so further processed that it no longer retains its original properties.
    • The Tribunal aims to make a preliminary decision within 60 days of initiating the inquiry.
    • Deadlines for participation and written submissions are listed (see “Who’s affected” for the main dates).
  • CITT procurement inquiry (decision dated April 18, 2024):

    • The Tribunal will investigate a complaint that a joint bid from eVision Inc. and SoftSim Technologies Inc. was wrongly rejected by the RCMP for a Task‑Based Informatics Professional Services solicitation.

Who's affected#

  • Producers and processors in Canada who make or use pea protein (they may argue injury or benefit from relief).
  • Importers, exporters, and distributors of pea protein, especially those handling product from China.
  • Food manufacturers and manufacturers using pea protein as an ingredient (possible changes to prices or supply).
  • Customs brokers and firms that classify imported pea protein under the tariff codes 3504.00.90.00 and 2106.10.00.00.
  • Chinese exporters of the specified pea protein.
  • Bidders and suppliers to the RCMP IT solicitation, specifically eVision Inc. and the SoftSim joint venture, and other firms watching the procurement outcome.
  • General public and buyers could notice indirect effects if duties or remedies change prices or availability of pea‑protein ingredients.

If anything above is unclear in the notices, the agencies’ websites and the Tribunal registry are the source for full product definitions, schedules, and filing instructions.

Why it matters#

  • If the investigations find dumping or subsidizing and the Tribunal finds injury, Canada can impose duties or other trade remedies. That can make imported pea protein more expensive or less available.
  • Higher costs or supply changes could ripple into food products that use pea protein (e.g., plant-based foods, protein powders).
  • The procurement inquiry could change who gets a government IT contract, affecting jobs and business for the firms involved and possibly the RCMP project timeline.
  • These are investigations and inquiries, not final decisions. Outcomes and timelines will depend on the evidence and the formal findings.

Key topics

Special Import Measures ActSIMACanadian International Trade TribunalCITTPreliminary injury inquirypea proteinHPC pea proteinPeople's Republic of China3504.00.90.002106.10.00.00Canada Border Services AgencyRoyal Canadian Mounted PoliceeVision Inc.SoftSim Technologies Inc.procurement inquiry

Source: Canada Gazette

Official source