Written By Sabrina A. Bandali, George W.H. Reid and Andrei Mesesan
On July 2, 2024, Canada initiated a 30-day consultation period on potential policy responses to China’s rapid rise as the world’s largest manufacturer of electric vehicles (EVs). Canada alleges that unfair trade practices in the Chinese EV industry directly and indirectly threaten electric vehicles in Canada.
Finance Canada announced the consultations in a June 24, 2024, press release. The announcement states the Canadian EV industry faces unfair competition from Chinese EVs due to Chinese industrial policies and "lack of rigorous labour and environmental standards" in China’s EV industry. According to Canada, these measures have created a global oversupply in EVs that risks disincentivizing investments in EV production worldwide and in Canada.
The announcement also notes that a policy response is necessary to prevent a diversion of Chinese EVs to Canada resulting from actions by the United States (U.S.) and European Union (E.U.) to impose tariffs on Chinese EVs. The U.S. recently announced that the tariff rate on EVs under Section 301 will increase from 25 percent to 100 percent in 2024 as well as increased tariffs on EV batteries, battery components and parts, and critical minerals.
Similarly, the E.U. announced that it will apply provisional countervailing duties of up to 38.1 percent on Chinese-made “battery electric vehicles” beginning on July 4 if discussions with Chinese authorities do not “lead to an effective solution.”
As a result, the consultations seek views on potential policy responses, including, for example, a surtax under Section 53 of the Customs Tariff. Subsection 53(2) of the Customs Tariff can be used to impose a surtax in addition to customs duties on any goods to enforce Canada's rights under a trade agreement or to respond to “acts, policies or practices of the government of a country that adversely affect trade in Canadian goods or services.”
Section 53 of the Customs Tariff is the same mechanism by which the Government of Canada applied retaliatory surtaxes on imports of steel, aluminum and other goods from the U.S. in 2018 after the U.S. imposed tariffs on national security grounds under Section 232 of the Trade Expansion Act of 1962 on imports of Canadian steel and aluminum.
Next Steps
The 30-day consultation period opened on July 2, 2024, and is expected to remain open until August 1, 2024.
The Bennett Jones International Trade Group has extensive experience in trade remedies and customs/border administration, including tariff-related interventions by government.
Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.
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