Canada Border Services Agency Concludes Review of U.S. Potato Imports to British Columbia

The Canada Border Services Agency (CBSA) has completed an administrative review of the normal values and export prices for certain whole potatoes imported from the United States for use or consumption in British Columbia. The review, part of the CBSA’s enforcement of a June 2, 2021 Canadian International Trade Tribunal (CITT) order, aims to ensure compliance with Canada’s anti-dumping laws under the Special Import Measures Act (SIMA). The CBSA’s investigation determined that no U.S. exporters or producers provided a complete response to the agency’s dumping questionnaire by the deadline. As a result, normal values for all subject goods will be set according to the ministerial specification outlined in section 29 of SIMA. This calculation method takes into account estimated production costs, overhead, grading, packing, administrative expenses, selling costs, and a reasonable profit margin.

The agency cautioned exporters that any increases in U.S. domestic prices or production costs must be reflected in export prices to Canada to avoid retroactive anti-dumping duty assessments. Failure to adjust prices accordingly could trigger additional duties. The CBSA also warned importers about two prohibited practices under SIMA: reimbursing anti-dumping duties and engaging in “compensatory arrangements” that affect the price or net return of imported goods. If detected, these practices could lead to price adjustments and further duty demands.

To ensure proper enforcement, the CBSA reminded importers to provide accurate product descriptions in customs documentation and comply with all reporting requirements.

This review applies to all pending and future determinations related to the covered U.S. potato imports and may be applied retroactively in certain cases.

For more details, the CBSA has posted the Notice of Conclusion of Administrative Review and supporting documents on its website.

Exclusions from Normal Values

• seed potatoes;
• imports during the period from May 1 to July 31 (inclusive) of each calendar year;
• red potatoes;
• yellow potatoes;
• exotic potato varieties; and
• white and russet potatoes imported in 50-pound cartons in the following count sizes: 40, 50, 60, 70 and 80.
• whole potatoes certified as organic by a recognized certification agency

View Canada Border Services Agency letter to USA Association