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Whole potatoes: Measures in force

Dumping (United States)

Measure in force code (MIF code)

POT

Product information

Product definition

"Whole potatoes originating in/or exported from the United States of America for use or consumption in the province of British Columbia."

Exclusions

  • 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

Investigation information

This case was originally two separate anti-dumping investigations concerning whole potatoes. The subject goods covered in each investigation, as well as the dates of the proceedings and findings, are as follows:

Whole potatoes with netted or russeted skin, excluding seed potatoes, in non-size A, also commonly known as strippers, originating in/or exported from the state of Washington, United States, for use or consumption in British Columbia.

Action Date
Initiation of Investigation September 30, 1983
Preliminary Determination March 5, 1984
Tribunal's Finding June 4, 1984
Final Determination October 12, 1984

Whole potatoes, originating in/or exported from the United States, for use or consumption in British Columbia, excluding seed potatoes, and excluding whole potatoes with netted or russeted skin in non-size A, originating in/or exported from the state of Washington.

Action Date
Initiation of Investigation October 18, 1985
Preliminary Determination December 20, 1985
Final Determination March 20, 1986
Canadian International Trade Tribunal's Finding April 18, 1986

The dates of the investigative proceedings and findings concerning the joint cases are:

Action Date
Canadian International Trade Tribunal's Order September 14, 1990
Canadian International Trade Tribunal's Order September 14, 1995
Canadian International Trade Tribunal's Order September 13, 2000
Re-Investigation June 4, 2004
Expiry Review Determination April 14, 2005
Canadian International Trade Tribunal's Order September 12, 2005
Re-Investigation September 25, 2009
Expiry Review Determination May 14, 2010
Canadian International Trade Tribunal's Order September 10, 2010
Re-Investigation September 18, 2014
Expiry Review Determination April 29, 2015
Canadian International Trade Tribunal's Order September 9, 2015
Expiry Review Determination December 24, 2020
Canadian International Trade Tribunal's Order June 2, 2021
Conclusion of administrative review
Conclusion of administrative review: Allied Potato Inc

Tariff classification numbers

The subject goods are usually classified under the following tariff classification number:

  • 0701.90.00.20

Please note that the classification number may apply to goods which are not subject to SIMA measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under HS classification numbers that are not listed. Refer to the product definition for the authoritative details regarding the subject goods.

For more information on the tariff classification numbers, please refer to Harmonized commodity description and coding system.

Duty liability (Anti-dumping duties)

Country of Origin or Export: United States of America (U.S.)

The following table identifies the exporter(s) that currently have been issued normal values. Please refer to the Normal value model ID table for information relating to model IDs, model descriptions and units of measure. Information regarding specific normal values of subject goods should be obtained from the exporter. Please note that model information is posted only for exporters that have successfully enrolled in an exporter ID.

Country Exporter Exporter ID Cooperative since Last revised
U.S. Allied Potato Northwest Inc 721383164RM0002

For importations of subject goods where the exporter has not been issued normal values, the normal value will be determined in accordance with the ministerial specification under section 29 of the Special Import Measures Act.

Effective on imports of subject goods released by the CBSA on or after , the normal values determined in accordance with the ministerial specification, along with other related information, are listed in the table below.

Exporter Exporter ID Model ID Model description Normal value (CAD) Unit of measure
All exporters SIMAEXP00000001 10 X 5 lb 10 units of 5 pound packaging format $45.12 CWT
5 X 10 lb 5 units of 10 pound packaging format $42.68 CWT
75 x 15 lb 75 units of 15 pound packaging format $42.73 CWT
100 x 20 lb 100 units of 20 pound packaging format $40.41 CWT
50 lb carton 50 pound carton $43.31 CWT
Other All other packaging format $45.12 CWT

General information for CBSA assessment and revenue management (CARM)

CARM is the official system of record for the assessment and collection of duties and taxes on imported commercial goods. In most circumstances, the CARM system will automatically calculate the amount of SIMA duties payable based on information provided; however, it is still your responsibility to verify that the amounts assessed are correct and, if necessary, self-declare correct amounts. For additional information relating to CARM and self-assessing SIMA duties, please refer to the Guide for self-assessing Special Import Measures Act duties and applicable D-Memorandums.

For importations of subject goods originating in/or exported from the United States of America by an exporter that has not been issued normal values, a generic Exporter ID must be entered in the Commercial Accounting Declaration (CAD) in order to apply normal values. The generic Exporter ID to declare is SIMAEXP00000001, along with the appropriate Model ID listed above.

Requests for re-determination information for CARM

Requests for re-determination relating to SIMA duties must be filed by the importer or the importer's agent via the CARM Client Portal (CCP), through the Statements of adjustment and appeals. Failure to submit correctly may result in rejection and/or delayed processing.

Summary decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on President-level re-determinations.

Information required on customs documents

The import documentation should include the information listed below. Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS).

The import documentation should clearly indicate the following:

  • Confirmation whether the product is subject to SIMA duties
  • Exporter ID
  • Name and address of producer/manufacturer
  • Name and address of vendor (if different from the producer)
  • Location of production
  • Place from which direct shipment to Canada began
  • Country of origin
  • Country of export
  • Canadian customer's name and address
  • Canadian importer's name and address (if different from the customer)
  • Full product description of the goods, including:
    • Model ID
    • Model description
    • Harvest year
    • Potato type
    • Quality grade
    • Size category
    • Packaging format
    • Other relevant characteristics
  • Date of sale
  • Date of shipment
  • Quantity (including unit of measure)
  • Unit selling price and total selling price to importer in Canada
  • Currency of settlement used (e.g. US$, CDN$, etc.)
  • Terms and conditions of sale (e.g. FOB, CIF, etc.)
  • All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada (includes inland and ocean freight, insurance, duties, port and handling charges, etc.)

Appeal decisions relating to subjectivity

Summaries of appeal decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on the President-level re-determinations.

Email for duty assessment questions

SIMA_Compliance-Observation_LMSI@cbsa-asfc.gc.ca

CITT reference number(s)

  • ADT-4-84
  • CIT-16-85
  • RR-89-010
  • RR-94-007
  • RR-99-005
  • RR-2004-006
  • RR-2009-002
  • RR-2014-004
  • RR-2020-002

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