Whole potatoes: Measures in force

Measure in force code (MIF code)

POT

Product information

Product definition

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.

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.

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

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.

Duty liability (Anti-dumping duties)

Country of origin or export: United-States

Effective on imports of subject goods released by the CBSA on or after 2015-09-09:

No exporters in the United-States received normal values in the most recent re-investigation. CBSA Notice of Conclusion of Re-investigation.

The liability for anti-dumping duty results from the proceedings conducted under SIMA and from the CITT order. Given that no exporters or producers provided a response to the CBSA’s RFI, normal values will therefore be determined by a ministerial specification under SIMA.

For importations of subject goods originating in/or exported from the United States, the normal values for all exporters will be based on the total costs and expenses associated with growing and harvesting potatoes, using various United States university cost studies, plus an amount for profit and an estimated amount for packing, administration and selling the goods, as specified by the Minister.

Effective on imports of subject goods released by the CBSA, information relating to the anti-dumping duty, including normal values, model IDs, model descriptions and units of measure, is listed in the table below.

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:

• Indication whether the product is subject to anti-dumping duties
• Exporter ID
• Name and address of producer/manufacturer
• Name and address of vendor (if different from the producer)
• Customer's name and address
• Canadian importer's name and address (if different from the customer)
• Full product description including whether the goods fall within the scope of subject goods:

  Whole potatoes originating in/or exported from the United States of America for use or consumption in the province of British Columbia, but excluding:

  • Seed potatoes;
  • Imports during the period from May 1 to July 31, inclusive, of each calendar year;
  • Red potatoes;
  • Yellow potatoes;
  • Exotic potato varieties;
  • White and russet potatoes imported in 50-lb. cartons in the following count sizes: 40, 50, 60, 70 and 80; and
  • Whole potatoes certified as organic by a recognized certification agency.
• Model ID
• Model description
• Date of sale
• Date of shipment
• Product identification name or number (for example, 5/10 lb russet, 10/5 lb russet)
• Quantity (including the unit of measure)
• Unit selling price, total selling price
• 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 from the point of direct shipment (including the inland and ocean freight, insurance, 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 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.

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