Photovoltaic modules and laminates
Dumping & subsidizing (China)

Measure in Force code (MIF code)
sml
Product Information

Product Definition

The subject goods are defined as:

"Photovoltaic modules and laminates consisting of crystalline silicon photovoltaic cells, including laminates shipped or packaged with other components of photovoltaic modules, and thin-film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS), originating in or exported from the People's Republic of China, excluding:

modules, laminates or thin-film products with a power output not exceeding 100W, 195W monocrystalline photovoltaic modules made of 72 monocrystalline cells, each cell being no more than 5 inches in width and height; and also excluding modules, laminates or thin-film products incorporated into electrical goods where the function of the electrical goods is other than power generation and these electrical goods consume the electricity generated by the photovoltaic product"

Investigation information

The dates of the investigative proceedings and findings concerning this case are:

Action Date
Initiation of Investigation December 5, 2014
Preliminary Determination March 20, 2015
Final Determination June 3, 2015
Canadian International Trade Tribunal's Injury Finding July 3, 2015
Statement of Reasons — Expiry review determination October 16, 2020
Canadian International Trade Tribunal's Order March 25, 2021
Tariff classification numbers

Prior to January 1, 2022, the subject goods were usually classified under the following tariff classification number:

  • 8541.40.00.22

Beginning January 1, 2022, under the revised customs tariff schedule, subject goods are normally classified under the following tariff classification numbers:

  • 8541.42.00.00
  • 8541.43.00.00

Please note that these classification numbers 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.

Duty liability
(Anti-dumping duties)

Country of origin or export: China

As a result of the Canadian International Trade Tribunal's finding that the goods are only threatening to cause injury (July 3, 2015), all provisional duty paid or security posted by importers will be returned. However, all future importations of the subject goods released by the CBSA after the date of the Tribunal's finding will be subject to anti-dumping duty measures.

Information regarding the normal values of subject goods should be obtained from the exporter. The following table identifies the exporters who currently have been issued normal values:

Country Exporter Exporter ID Cooperative since Last revised
China Canadian Solar Manufacturing (Changshu) Inc. 757200209RM0001
Canadian Solar International Limited 758200307RM0001
Changzhou Trina Solar Energy Co., Ltd. Exporter has not applied
Hefei JA Solar Technology Co., Ltd. Exporter has not applied
Jinko Solar Co., Ltd. Exporter has not applied
Renesola Jiangsu Ltd. Exporter has not applied
Wuxi Taichen Machinery & Equipment Co., Ltd. 749956900RM0001
Zhejiang Jinko Solar Co., Ltd. Exporter has not applied

For importations of subject goods for which the exporter has not been issued specific normal values, the rate of anti-dumping duty is equal to 154.4% of the export price.

Duty liability
(Countervailing duties)

Country of origin or export: China

As a result of the Canadian International Trade Tribunal's finding that the goods are only threatening to cause injury (July 3, 2015), all provisional duty paid or security posted by importers will be returned. However, all future importations of the subject goods released by the CBSA after the date of the Tribunal's finding will be subject to anti-dumping duty measures.

The following table identifies the exporters who currently have a specific amount of subsidy:

Country Exporter Exporter ID Amount of Subsidy CNY / WTT Cooperative since Last revised
China Canadian Solar Manufacturing (Changshu) Inc. 757200209RM0001 0.014
Canadian Solar International Limited 758200307RM0001 0.014
Changzhou Trina Solar Energy Co., Ltd. Exporter has not applied 0.018
Hefei JA Solar Technology Co., Ltd. Exporter has not applied 0.011
Jinko Solar Co., Ltd. Exporter has not applied 0.028
Renesola Jiangsu Ltd. Exporter has not applied 0.003
Wuxi Taichen Machinery & Equipment Co., Ltd. 749956900RM0001 0.074
Wuxi Suntech Power Co., Ltd. Exporter has not applied 0.032
Zhejiang Jinko Solar Co., Ltd. Exporter has not applied 0.046

For importations of subject goods originating in/or exported from China for which the exporter has not been issued their own amount of subsidy, the countervailing duty is equal to 0.340 Renminbi per watt.

Disclosure of normal values and amounts of subsidy

The liability for anti-dumping and countervailing duty results from the proceedings conducted under SIMA and from the finding of the CITT. Information regarding the normal value and amount of subsidy of the subject goods in question and the amount of anti-dumping and countervailing duty payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2, Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act to Importers.

For information on duty assessment, refer to the Guide for self-assessing SIMA duties.

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
  • Name and address of producer/manufacturer
  • Location of plant/mill of production
  • Place from which direct shipment to Canada began
  • Name and address of vendor (if different from the producer)
  • 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
    • model ID
    • model description
    • product type (i.e. mono-crystalline, multi-crystalline or thin film, etc.)
    • wattage, indicate the maximum wattage of the module
    • voltage, indicate maximum voltage of the module
    • number of cells, indicate the number of cells per module
    • dimensions, length and width of module
    • cell efficiency
    • module efficiency
    • module or laminate, indicate if the product is a photovoltaic module or photovoltaic laminate
  • Date of sale, date of shipment
  • Quantity (state unit of measure – e.g. kg, metric tonne)
  • 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.) and,
  • 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.).
  • The amount of any export taxes applicable to the goods.
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 SIMA Appeals page.

Email for duty assessment questions

Trade_Programs-Programmes_commerciaux@cbsa-asfc.gc.ca

Important: Prior to submitting a subjectivity opinion request, please review the “detailed product information”. Each request must be supported with essential information including, but not limited to, pictures, mill certificates, measurements, origin of the goods, etc. in relation to the specific product in question.

Failure to provide sufficient information will result in a rejection of the request by the CBSA.

CBSA reference number(s)
  • Dumping file #: 4214-44
  • Dumping case #: AD1405
  • Subsidy file #: 4218-41
  • Subsidy case #: CV140
  • SML 2020 ER
CITT reference number(s)
  • NQ-2014-003
  • RR-2020-001
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