CBSA assessing ADD and CVD on certain upholstered domestic seating

The Canadian International Trade Tribunal (CITT), on September 2, 2021, made a finding of Injury regarding the dumping and subsidizing of certain upholstered domestic seating originating in or exported from China and Vietnam.

As a result of the CITT finding, anti-dumping and countervailing duties will now be payable on subject goods released from Customs on or after September 2, 2021.

This follows the CBSA’s final determination of dumping and subsidizing made on August 3, 2021.

The CITT included the following additional exclusions in its finding:

1. Specialized reclining massage chairs, not intended to be used for general seating purposes, with padded seat, headrest, back, and footrest, and containing built-in motorized mechanical components that operate by way of computerized controls to provide a full body massage for a single person, including to the head and/or neck, shoulders, back, buttocks, arms, and legs and/or feet.

2. Medical lift chairs containing electric motion mechanisms and motorized positioning controls, designed to carefully lift, lower and tilt (by raising or lowering the base and back of the seating) the occupant, and otherwise adjust the occupant’s seating position by adjusting one or more of the headrest, footrest, and seat; designed, manufactured, and tested to meet or exceed the requirements of Health Canada’s Medical Devices Regulations (SOR/98-282) applicable thereto and conforming with the following, or equivalent, standards and testing methodologies: EN12182, ANSI/AAMI/ISO10993, ANSI/AAMI/ES60601-1, CAL117, BSEN1021, ISO8191, ANSI/AAMI/ES60601-1-2, ISO14971.

3. Height-adjustable ergonomic gaming chairs for use with a desk and intended to be used primarily while playing video games, upholstered in leather or a leather-substitute, with armrests, headrests, lumbar support pillows, five-star swivel bases, and wheels or castors.

For a complete detail of the subject goods, including exclusions and the applicable HS classification numbers, please refer to the Upholstered Domestic Seating case in the Measures in Force.

The statement of reasons will be issued within 15 days.

The CBSA Notice of Final Determination is available on the CBSA’s website.

The CITT Finding of Injury containing additional details can be found on the CITT’s website.

Please contact your Livingston account representative should you have any questions.