CBSA: Pea Protein Duties and Rebar Probe Extended

Summary#

The Canada Border Services Agency (CBSA) announced two trade actions under the Special Import Measures Act. On July 26, 2024 it extended the preliminary investigation into certain concrete reinforcing bar imports to 135 days (decision due September 13, 2024). On July 22, 2024 it made preliminary findings of dumping and subsidizing for high protein content pea protein from China, which starts provisional duties from July 22, 2024 and sends the matter to the Canadian International Trade Tribunal for a full inquiry.

What it does#

• Concrete reinforcing bar

  • Extends the CBSA’s preliminary investigation period from the usual 90 days to 135 days because the case is complex and evidence is hard to get.
  • The CBSA must decide to issue a preliminary dumping determination or end the investigation on or before September 13, 2024.
  • Contact names listed: Robert Wright and Elie Haddad (for more information) and the notice was signed by Doug Band.

• High protein content (HPC) pea protein

  • The CBSA made preliminary determinations of dumping and subsidizing for HPC pea protein originating in or exported from China (decision dated July 22, 2024).
  • The goods are generally covered by tariff numbers 3504.00.90.00 and 2106.10.00.00 (these headings also cover non-subject goods).
  • Subject goods are described as HPC pea protein with at least 65 percent pea protein on a dry weight basis, excluding texturized forms and ingredients that have been further processed into finished products.
  • Provisional duties are payable on subject goods released from the CBSA starting July 22, 2024 and continue until the investigation is ended, the Tribunal issues an order or finding, or an undertaking is accepted. The duties will not exceed the estimated margin of dumping and the estimated amount of subsidy.
  • The Canadian International Trade Tribunal (CITT) will conduct the full inquiry and must issue a final order or finding within 120 days after it receives notice of the CBSA’s preliminary determinations. The CBSA will publish a Statement of Reasons within 15 days of the decision.

Who's affected#

• Importers and exporters of the listed concrete reinforcing bar products from Bulgaria, Thailand, and the United Arab Emirates (potential delays or duties).
• Importers and exporters of high protein pea protein from China.
• Canadian buyers that use pea protein (food manufacturers, ingredient distributors) who may face provisional duties or changes in supply or price.
• Canadian pea protein producers and processors, whose injury or competitiveness is the subject of the Tribunal’s inquiry.
• Customs brokers and logistics providers who handle affected shipments.

If it’s unclear who exactly is affected for a specific product or shipment, the CBSA contacts named in the notice can provide details.

Why it matters#

• For businesses that import the listed goods, provisional duties or a final finding could raise the cost of bringing those products into Canada or change supply routes.
• Food makers and ingredient buyers may see price or availability changes for pea-protein ingredients while the tribunal examines whether Canadian producers were harmed.
• The extension for the concrete rebar case delays a decision that could affect construction material costs and project planning for several weeks.
• These are preliminary steps: the final impact depends on the Tribunal’s inquiry and any final orders or undertakings.