Concerning the preliminary determination with respect to the dumping of wheat gluten originating in or exported from Italy, Poland, and the United Kingdom.
Summary
[1] On April 30, 2026, the Canada Border Services Agency (CBSA) received a written complaint from ADM Agri-Industries Co. (ADM Canada) (hereinafter, the complainant) alleging that imports of wheat gluten originating in or exported from Italy, Poland, and the United Kingdom (collectively, “the named countries”) are being injuriously dumped.
[2] On May 21, 2026, pursuant to paragraph 32(1)(a) of the Special Import Measures Act (SIMA), the CBSA informed the complainant that the complaint was properly documented. On June 12, 2026, the CBSA informed the governments of the named countries that a properly documented complaint had been filed.
[3] The complainant provided evidence to support the allegations that wheat gluten from Italy, Poland, and the United Kingdom have been dumped, as well as evidence that discloses a reasonable indication that the dumping has caused injury or is threatening to cause injury to the Canadian industry producing like goods.
[4] On June 19, 2026, pursuant to subsection 31(1) of SIMA, the CBSA initiated an investigation respecting the dumping of wheat gluten from Italy, Poland, and the United Kingdom.
[5] Upon receiving notice of the initiation of the investigation, the Canadian International Trade Tribunal (CITT) commenced a preliminary injury inquiry, pursuant to subsection 34(2) of SIMA, into whether the evidence discloses a reasonable indication that the dumping of the above-mentioned goods has caused injury or is threatening to cause injury to the Canadian industry producing the like goods.
[6] On August 18, 2026, pursuant to subsection 37.1(1) of SIMA, the CITT made a preliminary determination that there is evidence that discloses a reasonable indication that the dumping of wheat gluten from Italy, Poland, and the United Kingdom has caused injury or is threatening to cause injury to the domestic industry.
[7] On September 17, 2026, as a result of the CBSA’s preliminary investigation and pursuant to subsection 38(1) of SIMA, the CBSA made a preliminary determination of dumping of wheat gluten originating in or exported from Italy, Poland, and the United Kingdom.
[8] On the same date, pursuant to subsection 8(1) of SIMA, provisional duty was imposed on imports of dumped goods that are of the same description as any goods to which the preliminary determination applies, and that are released during the period commencing on the day the preliminary determination was made and ending on the earlier of the day on which the CBSA causes the investigation in respect of any goods to be terminated pursuant to subsection 41(1) of SIMA or the day the CITT makes an order or finding pursuant to subsection 43(1) of SIMA.
Provisional duty
[78] Pursuant to subsection 8(1) of SIMA, provisional duty payable by the importer in Canada will be applied to dumped imports of wheat gluten that are released from the CBSA during the period commencing on the day the preliminary determination is made and ending on the earlier of the day on which the CBSA causes the investigation in respect of any goods to be terminated, in accordance with subsection 41(1), or the day on which the CITT makes an order or finding. The CBSA considers that the imposition of provisional duty is needed to prevent injury. As noted in the CITT’s preliminary determination, there is evidence that discloses a reasonable indication that the dumping of wheat gluten has caused injury or is threatening to cause injury to the domestic industry.
[79] Imports of wheat gluten from Italy, Poland, and the United Kingdom released by the CBSA on or after September 17, 2026, will be subject to provisional duty equal to the sum of the estimated margin of dumping, expressed as a percentage of the export price of the goods. Appendix 1 contains the estimated margins of dumping and the rates of provisional duty.
[80] Importers are required to pay provisional duty in cash or it may be guaranteed by posting a surety bond equal to the amount payable. Importers should contact their CBSA regional office if they require further information on the payment of provisional duties or the posting of security. Importers must properly describe the goods that they are importing, whether the information is submitted in paper or electronic format. Customs Memorandum D17-1-1 explains the normal customs requirements. However, these requirements are often not enough for SIMA purposes. Consult the “Information Required on Customs Documents” section on the Measures in Force for specific information required for each SIMA measure, as well as Memorandum D14-1-7 for more general information.
[81] The CBSA’s Assessment and Revenue Management (CARM) system will generally assign the SIMA code on Commercial Accounting Declarations (CAD). However, when populating pre-CARM entries into CARM, or when accounting for CLVS goods on a Type F CAD, you may be required to self-declare the SIMA code on the CAD. Importers may be assessed an administrative monetary penalty if they fail to provide the required code for any goods subject to SIMA. The imported goods are also subject to the Customs Act. As a result, failure to pay duties within the specified time will result in the application of the provisions of the Customs Act regarding interest.
Future action
The Canada Border Services Agency
[82] The CBSA will continue its investigation of the dumping and will make a final decision by December 16, 2026.
[83] If the margin of dumping of any exporter is found to be insignificant, the CBSA will terminate the investigation in respect of goods of that exporter and any provisional duty paid or security posted will be refunded to importers, as appropriate. If the CBSA is satisfied that the goods were dumped, a final determination will be made.
The Canadian International Trade Tribunal
[84] The CITT has begun its inquiry into the question of injury to the Canadian industry. The CITT is expected to issue its finding by January 15, 2027.
[85] If the CITT finds that the dumping has not caused injury, retardation or is not threatening to cause injury, the proceedings will be terminated and all provisional anti-dumping duty collected or security posted will be refunded.
[86] If the CITT makes a finding that the dumping has caused injury, retardation or is threatening to cause injury, anti-dumping duty in an amount equal to the margin of dumping will be levied, collected and paid on imports of wheat gluten that are of the same description as goods described in the CITT’s finding.
[87] For purposes of the preliminary determination of dumping, the CBSA has responsibility for determining whether the actual and potential volume of goods is negligible. After a preliminary determination of dumping, the CITT assumes this responsibility. In accordance with subsection 42(4.1) of SIMA, the CITT is required to terminate its inquiry in respect of any goods if the CITT determines that the volume of dumped goods from a country is negligible.
