Notice of conclusion of administrative review: Whole potatoes (POT 2025 UP1)

Period of investigation

The period of investigation (POI) and the profitability analysis period (PAP) for the administrative review was the 2023 and 2024 crop year, excluding imports during the period from May 1 to July 31, inclusive, of each calendar year.

Administrative review process

At the initiation of the administrative review, the CBSA sent a request for information (RFI) to all known importers, exporters, producers and vendors to solicit information on the costs and selling prices of subject goods and like goods. The information was requested for purposes of updating the normal values and export prices for subject goods imported into Canada.

The CBSA did not receive a complete response to the dumping RFI by the due date from any exporters or producers. Subject goods originating in or exported from United States of America will be determined pursuant to the ministerial specification, under section 29 of the Special Import Measures Act.

The normal value of the subject goods exported to Canada shall be determined using a methodology similar to paragraph 19(b) of SIMA, involving the aggregate estimates for the cost growing, harvesting and overhead, a reasonable amount for grading and packing, administrative, selling and all other costs, and a reasonable amount for profits, as specified by the Minister.

The export price shall be the declared selling price to the Canadian importer on the customs import documentation presented in accounting for the goods, adjusted by deducting therefrom all costs, charges, expenses, duties and taxes described in subparagraphs 24(a)(i) to (iii) of SIMA, where this information is included with the customs documentation.

As part of the administrative review, case briefs were provided by counsel representing the Canadian industry. Details of the representations are provided in Appendix 1.

Exporter responsibility

All parties are cautioned that, where there are increases in domestic prices and/or costs, the export price should be increased accordingly to ensure that any sale made to Canada is not only above the normal value but at or above selling prices and full costs and profit of the goods in the exporter’s domestic market. If exporters do not adjust export prices accordingly, retroactive assessments of anti-dumping duties may be warranted. Please refer to the Memorandum D14-1-8: Re-investigation and Normal Value Review Policy – Special Import Measures Act for details.

Importer responsibility

Importers are reminded that it is their responsibility to declare their anti-dumping and countervailing duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping and countervailing measures and be provided with sufficient information necessary to clear the shipments. To determine their liability for anti-dumping and countervailing duty, importers should contact the exporters to obtain the applicable normal values and amounts of subsidy. For further information on this matter, refer to Memorandum D14-1-2: Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established under the Special Import Measures Act.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.

Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed. For more information on how to file a request for re-determination, please refer to the Guide for appealing a duty assessment.

Contact us

Email: simaregistry-depotlmsi@cbsa-asfc.gc.ca

Appendix 1: Representations

Representations

Counsel for the British Columbia Vegetable Marketing Commission (BCVMC) submitted representations concerning the information available on the record that should be considered in the determination of normal values, submitting that information provided by the BCVMC represents a reasonable and justified proxy, in the absence of sufficient information from exporters.

CBSA response

The CBSA has reviewed all information on the record. Normal values were determined pursuant to a ministerial specification, based on the available information.