CBSA Decisions on Pea Protein Imports

Summary#

The Canada Border Services Agency (CBSA) announced decisions on investigations into pea protein imported from China under the Special Import Measures Act. The CBSA cleared several named Chinese exporters of dumping or subsidies, found dumping/subsidizing for other Chinese exporters, and left provisional duties in place while the Canadian International Trade Tribunal decides on injury by November 19, 2024.

What it does#

• Terminates the dumping investigation for these exporters from China because their goods were found not dumped:
  • Shandong Jianyuan Bioengineering Co., Ltd.
  • Yantai Shuangta Food Co., Ltd.
  • Yantai Oriental Protein Tech Co., Ltd.
  • Yantai Yiyuan Biological Engineering Co., Ltd.
• Terminates the subsidy investigation for Yantai T.Full Biotech Co., Ltd. because the subsidy amount was judged insignificant.
• Issues a final determination of dumping and of subsidizing for all other exporters from China for which the investigations were not terminated.
• Keeps provisional duties in place on subject pea protein imports from China until the Canadian International Trade Tribunal (CITT) finishes its injury inquiry and issues its decision by November 19, 2024.
• Stops provisional duties on imports that relate to exporters whose investigations were terminated; any provisional duties paid or securities posted for those goods will be refunded as appropriate.
• Notes the subject goods are commonly classified under tariff numbers 3504.00.90.00 and 2106.10.00.00.
• Says a Statement of Reasons for the decisions will be published on the CBSA website within 15 days of the decisions (decisions dated October 21, 2024).

Who's affected#

• Importers in Canada who bring in pea protein from China.
• Canadian buyers, processors and distributors who use pea protein — they may face price or supply changes while duties or investigations are in effect.
• The specific Chinese companies named above: Shandong Jianyuan Bioengineering Co., Ltd., Yantai Shuangta Food Co., Ltd., Yantai Oriental Protein Tech Co., Ltd., Yantai Yiyuan Biological Engineering Co., Ltd., and Yantai T.Full Biotech Co., Ltd.
• Other exporters from China that were not cleared; they are subject to final dumping and/or subsidizing determinations.
• The Canadian International Trade Tribunal and the Canada Border Services Agency, which are handling the next steps and any refunds.

Why it matters#

• If you import or buy pea protein, provisional duties or future antidumping/countervailing duties can raise costs or complicate sourcing.
• Some exporters were cleared, so shipments from them should no longer face provisional duties. Any duties already paid for those shipments should be refunded where applicable.
• The final outcome depends on the CITT’s injury decision by November 19, 2024; if the CITT finds injury, broader duties could apply to future imports and importers would have to pay them.
• The CBSA will publish its Statement of Reasons soon, which will explain the detailed basis for these decisions.