Wheat gluten: Dumping (Australia, Austria, Belgium, France, Germany and Lithuania)

Product definition

The subject goods are defined as:

Wheat gluten, whether or not blended with wheat flour, salt or any other substance, with a minimum wheat protein content of 40% by weight on a dry basis calculated using a Jones Factor of 5.7, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania, but excluding (i) devitalized wheat gluten; (ii) hydrolyzed wheat gluten; (iii) wheat protein isolates; and (iv) organic wheat gluten that is certified organic in accordance with and otherwise meets the requirements of the Food and Drugs Act, R.S.C., 1985, c. F‑27, and regulations made thereunder, and the Safe Food for Canadians Act, S.C. 2012, c. 24, and regulations made thereunder including the Safe Food for Canadians Regulations, S.O.R./2018‑108, all of which as may be amended or replaced from time to time.

For greater certainty, the subject goods include but are not limited to vital wheat gluten as defined by the World Health Organization’s Codex Standard 163‑1987, Rev. 1‑2001 (“Standard for Wheat Protein Products Including Wheat Gluten”).

Investigation information

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

Action Date
Initiation of investigation August 14, 2020
Preliminary determination December 23, 2020
Final determination
Canadian International Trade Tribunal’s Finding
Tariff classification numbers

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

  • 1109.00.10.00
  • 1109.00.20.00

Please note that these tariff classification numbers may apply to goods which are not subject to the Special Import Measures Act (SIMA) measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under tariff 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 the harmonized commodity description and coding system.

Duty liability
(Anti-dumping duties)

Country of origin or export: Australia, Austria, Belgium, France, Germany, Lithuania

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 Cooperative since Last revised
France ADM Bazancourt 2021-03 2021-04
Roquette Frères 2021-03 2021-04
Lithuania Roquette Amilina 2021-03 2021-04

For importations of subject goods originating in/or exported from Australia, Austria, Belgium, France, Germany and Lithuania, for which the exporter has not been issued normal values, the anti-dumping duty is listed in the table below:

Country of origin or export Margin of dumping rate for all other exporters1
Australia 26.2%
Austria 26.2%
Belgium 26.2%
France 14.1%
Germany 26.2%
Lithuania 26.2%
1As a percentage of export price
Disclosure of normal values

The liability for provisional anti‑dumping results from the proceeding conducted under SIMA. For more information, please consult Memorandum D14‑1‑7, Assessment and Payment of Duties Under the Special Import Measures Act.

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 provisional duties
  • Name and address of producer/manufacturer
  • Name and 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 of the goods, including:
    • Wheat protein content
    • Moisture content
    • Ash content
    • Fat content
    • Water absorption rate
    • Reconstitution time
    • Additives
    • Other – indicate any other value added processing/characteristics not included in the characteristics listed above, such as form, colour, odour, flavour, etc.
  • Date of sale
  • Date of shipment
  • Quantity (state unit of measure, e.g. kilograms, pounds, metric tonnes, etc.)
  • 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.) and
  • 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 subjectivity opinions and 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)
  • WG 2020 IN
CITT reference number(s)
  • NQ‑2020‑003
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