Tribunal: Wind-tower finding and two procurement rulings

Summary#

The Canadian International Trade Tribunal published three short decisions in the Canada Gazette on trade and procurement matters. These include a preliminary finding about certain wind towers from the People’s Republic of China (determination dated June 20, 2023) and two final rulings rejecting procurement complaints by RollanTech Inc. (file PR-2023-002, decision dated July 14, 2023) and Newland Canada Corporation (file PR-2022-063, decision dated June 7, 2023).

What it does#

• For certain wind towers: the Tribunal’s preliminary inquiry (PI-2023-001) found there is evidence that dumping and subsidizing of certain wind towers originating in or exported from the People’s Republic of China have caused, or threaten to cause, injury to the Canadian domestic industry. The Tribunal’s determination contains the full product description.
• For the boiler coil procurement: the Tribunal reviewed a complaint by RollanTech Inc. about Solicitation WS3851704599, a Public Works and Government Services Canada (PWGSC) procurement on behalf of the Department of Fisheries and Oceans to supply a new boiler coil for the vessel Martha L. Black. The Tribunal decided the complaint was not valid (File PR-2023-002, decision dated July 14, 2023).
• For the Poland accommodation procurement: the Tribunal reviewed a complaint by Newland Canada Corporation about Solicitation W8484-230353/A from the Department of National Defence for accommodations in Brzeg, Poland for the period November 18, 2022 to May 31, 2023. The Tribunal decided the complaint was not valid (File PR-2022-063, decision dated June 7, 2023).

Who's affected#

• Canadian companies that make or install wind towers, and businesses that import wind towers from the People’s Republic of China.
• Exporters or manufacturers in the People’s Republic of China who supply the specific wind towers under review.
• Companies that bid on the two government contracts mentioned, including RollanTech Inc., Newland Canada Corporation, the successful bidder Park Hotel Brzeg (in the accommodation case), and government buyers (PWGSC, Department of Fisheries and Oceans, Department of National Defence).
• If you are a supplier or bidder on federal procurements, these decisions are examples of how procurement complaints are handled by the Tribunal.

Why it matters#

• The wind-tower finding is a preliminary step that can lead to a formal anti-dumping or countervailing investigation and potentially to duties on imports. That can affect the price and supply of wind-tower components used in Canadian wind energy projects.
• The rejected procurement complaints mean the original contract awards stand. That affects which companies get the work and may influence trust in how federal contracts are awarded.
• Suppliers and bidders should note how the Tribunal assesses procurement disputes. The notices are short, factual records of decisions rather than new policy explanations.