Expiry Review of Photovoltaic Modules from China

Summary#

The Canadian International Trade Tribunal has started an expiry review of its July 3, 2015 finding on certain solar panels and related products from the People’s Republic of China. It also opened an inquiry into a procurement complaint about runway snow blowers and decided not to carry out an interim review of measures on carbon and alloy steel line pipe.

What it does#

• Starts Expiry Review No. RR-2020-001 of its earlier finding under the Special Import Measures Act (SIMA) about certain photovoltaic modules, laminates and some thin-film products from the People’s Republic of China.
  • The review excludes modules or thin-film products with power output of 100 W or less, and excludes certain 195 W monocrystalline modules described in the original finding.
  • The Canada Border Services Agency (CBSA) will first decide whether letting the finding expire is likely to lead to resumed or continued dumping or subsidizing. The CBSA must give that decision within 150 days after getting notice — no later than October 16, 2020.
  • If the CBSA says dumping or subsidizing would likely resume, the Tribunal will then decide whether that would likely cause injury. The Tribunal must issue its order and reasons no later than March 25, 2021.
  • The Tribunal scheduled a public hearing to start January 18, 2021, in Ottawa. People or governments wanting to participate or lawyers who will represent parties were asked to file by November 2, 2020.
• The Tribunal accepted a complaint (File No. PR-2020-004) from J.A. Larue inc. of Québec about a federal procurement (Solicitation No. W8476-196057/A) by Public Works and Government Services Canada (PWGSC) for the Department of National Defence. The Tribunal decided on May 13, 2020 to conduct an inquiry into that complaint.
• The Tribunal decided on May 13, 2020 not to conduct an interim review (Interim Review No. RD-2019-002) of its finding on carbon and alloy steel line pipe originating in or exported from the People’s Republic of China.

Who's affected#

• Importers, distributors, manufacturers, installers and buyers of solar panels and related products in Canada if anti-dumping or countervailing measures are kept, lifted or changed.
• The Canada Border Services Agency and the Canadian International Trade Tribunal, which will carry out the technical determinations and hearings.
• J.A. Larue inc., the winning bidder and other companies that bid on Solicitation No. W8476-196057/A, and the federal departments involved: Public Works and Government Services Canada and the Department of National Defence.
• Companies that make or trade carbon and alloy steel line pipe and their customers, who will not see an interim change to existing measures as of May 13, 2020.
• If it’s unclear who exactly will be affected by a specific part of the review or inquiry, interested businesses and bidders are the most likely groups to notice practical effects.

Why it matters#

• The expiry review can affect whether anti-dumping or countervailing duties stay in place on imported solar products. That can change prices, competitiveness, and the cost of solar projects for Canadian buyers and installers.
• The procurement inquiry could change who gets a government contract for runway snow blowers and may affect how similar defence procurements are evaluated.
• The decision not to do an interim review of line pipe means current trade measures on that product remain as they were, so importers and domestic producers have short-term certainty.