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CBSA IMPOSES PROVISIONAL DUTIES ON THERMOFORMED MOLDED FIBRE TABLEWARE
On February 27, 2026, the Canada Border Services Agency ("CBSA") released a notice of its preliminary determination of dumping and subsidizing in respect of thermoformed molded fibre tableware originating in or exported from China (the "Subject Goods").
Provisional duties are now imposed on imports of the Subject Goods released by the CBSA on or after February 27, 2026!
Background Information
On October 15, 2025, the CBSA issued a Notice of Initiation of Investigation under the Special Import Measures Act ("SIMA") in respect of the alleged dumping and subsidizing of the Subject Goods.
The Subject Goods generally include plates, platters and bowls often used in the fast food and restaurant industry. Further details, including a definition of the Subject Goods, are found in the Notice of Initiation itself.
Provisional Duties Effective February 27, 2026!
Following the CBSA's preliminary determination of dumping, provisional duties are now imposed at the rates specified by CBSA on imports of the Subject Goods released on or after February 27, 2026.
The CBSA has assigned specific provisional anti-dumping duties ("ADDs") and countervailing duties ("CVDs") to the Subject Goods for each of the five exporters who participated in its investigation, namely, Guangxi Ecolink Technology Co. Ltd.; Guangxi Huabao Fiber Products Co., Ltd.; Shaoneng Group Guangdong Luzhou Eco Technology Co, Ltd.; Shaoneng Group Luzhou Eco (XinFeng) Technology Co., Ltd.; and Zhejiang Zhongxin Environmental Protection Technology Group Co., Ltd. The provisional combined ADDs/CVDs for the Subject Goods from these exporters range from 25.2% to 37.9% of the value for duty of the Subject Goods.
Exporters who did not cooperate will find their imports subject to substantially higher overall provisional duties of 53.7%!
Final Dumping Investigation and Injury Determination
All eyes are now on the CITT for its final finding on whether the dumping and subsidizing of Subject Goods has caused or is threatening to cause injury to the domestic Canadian industry. The CITT will hold a public hearing on this issue on May 25, 2026, with the final finding expected by June 26, 2026. Anyone wishing to participate in the CITT hearing must file a Notice by March 16, 2026.
Concurrently, the CBSA will make a final determination of dumping by May 28, 2026, including issuing normal values to cooperating exporters, with reasons to follow 15 days later. ADDs and CVDs for all other exporters of Subject Goods will also be finalized at that time.
What does this Mean for Me?
The significant difference in the provisional ADDs and CVDs between cooperative and non-cooperative exporters highlights the importance of participating in CBSA investigations. Interested parties who have not cooperated with the CBSA investigation should contact counsel as soon as possible to determine potential next steps.
If your business imports Subject Goods or is considering doing so, you should seek Canadian legal advice immediately. Failure to consult with Canadian legal counsel on this issue could lead to a costly assessment by the CBSA down the road!
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