ARCHIVED — Vol. 146, No. 33 — August 18, 2012

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2012-009

The Canadian International Trade Tribunal (the Tribunal) will hold public hearings to consider the appeals referenced hereunder. These hearings will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearings will be held as scheduled.

Customs Act

Cycles Lambert Inc. v. President of the Canada Border Services Agency

Date of Hearing: September 12, 2012

Appeal No.: AP-2011-060

Goods in Issue: Various models of bicycle trainers

Issues: Whether the goods in issue are properly classified under tariff item No. 9506.91.90 as other articles and equipment for general physical exercise, gymnastics or athletics, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9506.91.10 as exercise bicycles or, in the alternative, under tariff item No. 8714.99.90 as other parts and accessories of vehicles of heading Nos. 87.11 to 87.13, and whether the goods in issue are entitled to the benefits of tariff item No. 9948.00.00 as articles for use in automatic data processing machines and units thereof, as claimed by Cycles Lambert Inc.

Tariff Items at Issue: Cycles Lambert Inc.—9506.91.10 or 8714.99.90 and 9948.00.00 President of the Canada Border Services Agency—9506.91.90

Customs Act

Jan K. Overweel Limited v. President of the Canada Border Services Agency

Date of Hearing: September 13, 2012

Appeal No.: AP-2011-075

Goods in Issue: Canned beef in jelly

Issue: Whether the goods in issue are subject to the European Union Surtax Order.

August 10, 2012

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Steel piling pipe

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on August 2, 2012, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (CBSA), stating that preliminary determinations have been made respecting the dumping and subsidizing of carbon and alloy steel pipe piles, commonly identified as piling pipe, in outside diameter ranging from 3 1/2 inches up to and including 16 inches (8.9 cm to 40.6 cm) inclusive, in commercial quality and in various forms and finishes, usually supplied to meet ASTM A252, ASTM A500, CSA G.40.21 or comparable specifications or standards, whether single, dual or multiple certified, originating in or exported from the People’s Republic of China (China).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2012-002) to determine whether the dumping and subsidizing of the above-mentioned goods have caused injury or retardation or are threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before August 16, 2012. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before August 16, 2012.

Request for submissions on the issue of overlap of product definitions

On July 3, 2012, the Tribunal made a preliminary determination of injury and terminated the preliminary injury inquiry with respect to some of the subject goods.

On July 3, 2012, the Tribunal found that some of the above-mentioned goods were subject to the finding that it made, pursuant to subsection 43(1) of SIMA, in Inquiry No. NQ-2008-001, concerning the dumping and subsidizing of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range of 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm) in outside diameter inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or commercial quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from China.

Those goods are carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles.

Pursuant to paragraph 35(1)(b) of SIMA, the Tribunal concluded that the evidence did not disclose a reasonable indication that the dumping and subsidizing of the above-mentioned goods that it found to be subject to the finding that it made in Inquiry No. NQ-2008-001 had caused injury or retardation or were threatening to cause injury to the domestic industry. Therefore, pursuant to paragraph 35(3)(a) of SIMA, the Tribunal terminated the preliminary injury inquiry with respect to those goods.

In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal further noted that there was insufficient evidence on the record to determine with certainty the precise scope or extent of the overlap between the subject goods and the steel products which are covered by the Tribunal’s finding in Inquiry No. NQ-2008-001 and, potentially, with goods subject to other orders or findings. In this connection, the Tribunal stated that, to the extent that there is a possibility that a broader subset of subject goods is already subject to anti-dumping or countervailing duties as a result of being subject to existing orders or findings, it was the Tribunal’s intention to establish a process whereby it could reach an early decision on this issue during the final injury inquiry stage.

Accordingly, in order to make an early decision on the issue of the extent of the product overlap between the subject goods and steel products which are covered by existing Tribunal orders or findings, the Tribunal is inviting interested parties to file submissions specifically on this issue.

In particular, the parties are asked to present facts and arguments on the following:

  • whether the subject goods are also covered by the Tribunal’s finding in Inquiry No. NQ-2008-001;
  • whether the subject goods are also covered by the Tribunal’s finding in Inquiry No. NQ-2007-001;
  • whether the subject goods are also covered by the Tribunal’s finding in Inquiry No. NQ-2009-004;
  • whether the subject goods are also covered by any other Tribunal order or finding; and
  • whether and how goods already covered by any Tribunal order or finding could be a cause of injury to the domestic industry.

And, if so, to identify the extent of the overlap, including the following:

  • (i) specific and detailed product language (detailed product description and Canadian tariff classification number);
  • (ii) a summary of the reasons for this conclusion;
  • (iii) citations to any applicable statutory authority and excerpts from relevant jurisprudence; and
  • (iv) attachment of any factual information or documentary evidence in support of their position in this regard.

Parties filing submissions on the issue of product overlap are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on the issue of product overlap no later than September 10, 2012.

Request for submissions on like goods

In its statement of reasons for the preliminary injury inquiry issued on July 18, 2012, the Tribunal found, on the basis of the evidence on the record at that time, that steel piling pipe produced by the domestic industry were “like goods” in relation to the subject goods. The Tribunal stated that the question as to whether there was merit to expand the definition of the “like goods” to include certain oil country tubular goods, line pipe and standard pipe, which may be used in piling applications, was an issue that would need to be fully addressed in the context of a final injury inquiry.

In order to make an early decision on this issue, the Tribunal is also inviting interested parties to file submissions specifically on this issue.

In making their submissions on like goods, the parties are asked to present facts and arguments on the following issues:

  • whether certain carbon steel welded pipe, in the nominal size range of 3 1/2 inches up to and including 6 inches (89 mm to 168.3 mm) in outside diameter, in various forms and finishes, usually supplied to meet ASTM A252 or equivalent specifications, other than carbon steel welded pipe in the nominal size range of 3 1/2 inches up to and including 6 inches, dual-stencilled to meet the requirements of both specification ASTM A252, Grades 1 to 3, and specification API 5L, with bevelled ends and in random lengths, for use as foundation piles, constitutes like goods in relation to the subject goods;
  • whether tubular goods (such as oil country tubular goods API-5CT) constitute like goods in relation to the subject goods;
  • whether line pipe (such as API-5L) constitutes like goods in relation to the subject goods;
  • whether standard pipe (such as ASTM A53) constitutes like goods in relation to the subject goods; and
  • whether there are other steel pipe products (that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe; for example, pipe products that are produced to higher standards than steel piling pipe and for other applications, that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe) that constitute like goods in relation to the subject goods.

Parties are also asked to address factors that the Tribunal should examine in considering the questions of like goods, as well as classes of goods, including the following:

  • the physical characteristics of the goods (such as composition and appearance);
  • the market characteristics of the goods (such as substitutability [addressing any technical limitations to that substitutability], pricing [including how price is determined, relative price levels, and whether relative prices influence the extent of substitutability] and distribution channels and end uses);
  • whether the goods fulfill the same customer needs; and
  • any other relevant factors.

Furthermore, the Tribunal requests that parties support their submissions with clear and detailed product descriptions, information and evidence, such as letters from customers that use different types of steel piling pipe, certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe, and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, price lists, documents describing the physical characteristics of the goods, documents indicating the different end uses for steel piling pipe and certain carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, and documents indicating the type of steel piling pipe, carbon steel welded pipe, oil country tubular goods, line pipe, standard pipe and other steel pipe products that can potentially be substituted for, compete with, or have the same end uses as steel piling pipe, to be used for each end-use application.

Parties filing submissions on the issue of like goods are required to file 10 copies of their submissions with the Tribunal no later than noon, on August 21, 2012. Parties wishing to respond to these submissions are required to file 10 copies of their reply submissions with the Tribunal no later than noon, on August 27, 2012. Parties are required to serve all submissions on the Tribunal, counsel and parties of record simultaneously. The service list will be provided. The Tribunal will render its decision on like goods no later than September 10, 2012.

A public hearing relating to this inquiry will be held in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on October 29, 2012, at 9:30 a.m.

In accordance with section 46 of the Canadian International Trade Tribunal Act, a person who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must submit to the Tribunal, at the time the information is provided, a statement designating the information as confidential, together with an explanation as to why that information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or summary of the information designated as confidential or a statement indicating why such a summary cannot be made.

Written submissions, correspondence and requests for information regarding this matter should be addressed to the Secretary, Canadian International Trade Tribunal, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Further details regarding this inquiry, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Inquiry Schedule” appended to the notice of commencement of inquiry available on the Tribunal’s Web site at www.citt-tcce.gc.ca.

Ottawa, August 3, 2012

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Communications, detection and fibre optics

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2012-013) from Team Sunray and CAE Inc., of Ottawa, Ontario, concerning a procurement (Solicitation No. W8476-112965/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of National Defence. The solicitation is for the provision of an integrated soldier system. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

Team Sunray and CAE Inc. allege that PWGSC improperly evaluated the proposal.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, August 9, 2012

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2012-012) from Samson & Associates (Samson), of Gatineau, Quebec, concerning a procurement (Solicitation No. A0015-11-0040/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Indian Affairs and Northern Development. The solicitation is for the provision of internal audit services and information technology and systems audit services. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is hereby given that the Tribunal has decided to conduct an inquiry into the complaint.

Samson alleges that PWGSC improperly evaluated its proposal.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, August 7, 2012

DOMINIQUE LAPORTE
Secretary

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its Web site the decisions, notices of consultation and regulatory policies that it publishes, as well as information bulletins and orders. On April 1, 2011, the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure came into force. As indicated in Part 1 of these Rules, some broadcasting applications are posted directly on the Commission’s Web site, www.crtc.gc.ca, under “Part 1 Applications.”

To be up to date on all ongoing proceedings, it is important to regularly consult “Today’s Releases” on the Commission’s Web site, which includes daily updates to notices of consultation that have been published and ongoing proceedings, as well as a link to Part 1 applications.

The following documents are abridged versions of the Commission’s original documents. The original documents contain a more detailed outline of the applications, including the locations and addresses where the complete files for the proceeding may be examined. These documents are posted on the Commission’s Web site and may also be examined at the Commission’s offices and public examination rooms. Furthermore, all documents relating to a proceeding, including the notices and applications, are posted on the Commission’s Web site under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between August 2, 2012, and August 9, 2012:

Radio Ville-Marie
Montréal, Quebec
2012-0904-9
Amendment to the licence for CIRA-FM
Deadline for submission of interventions, comments and/or answers: September 4, 2012

Bayshore Broadcasting Corporation
Wasaga Beach, Ontario
2012-0934-6
Technical amendment for CHGB-FM
Deadline for submission of interventions, comments and/or answers: September 5, 2012

591989 B.C. Ltd.
Collingwood, Ontario
2012-0927-1
Technical amendment for CKCB-FM
Deadline for submission of interventions, comments and/or answers: September 5, 2012

Canadian Broadcasting Corporation
Saint-Georges-de-Beauce, Quebec
2012-0947-9
Technical amendment for CBV-FM-7
Deadline for submission of interventions, comments and/or answers: September 6, 2012

Northern Native Broadcasting, Yukon
Dease Lake, British Columbia
2012-0950-3
Addition of a transmitter for CHON-FM
Deadline for submission of interventions, comments and/or answers: September 6, 2012

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

The complete texts of the decisions summarized below are available from the offices of the CRTC.

2012-421 August 3, 2012

Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership
Vancouver, British Columbia

Approved — Application to change the authorized contours of the English-language commercial radio station CKPK-FM Vancouver.

2012-422 August 3, 2012

CreComm Radio Inc.
Winnipeg, Manitoba

Approved — Application to revoke the broadcasting licence for the FM campus instructional radio station CKIC-FM Winnipeg.

2012-431 August 7, 2012

Rogers Broadcasting Limited
Sudbury, Ontario

Approved — Applications to change the authorized contours of the radio programming undertakings CJRQ-FM and CJMX-FM Sudbury.

2012-432 August 7, 2012

Bell Aliant Regional Communications Inc. (the general partner), as well as limited partner with 6583458 Canada Inc. (the limited partners), carrying on business as Bell Aliant Regional Communications, Limited Partnership
Fredericton and surrounding areas, Moncton and Saint John, New Brunswick; St. John’s, Paradise and Mount Pearl, Newfoundland and Labrador; and Halifax, Dartmouth, Bedford and Sackville, Nova Scotia

Renewed — Regional broadcasting licence for the terrestrial broadcasting distribution undertakings serving the above-noted locations, from September 1 to December 31, 2012.

2012-434 August 8, 2012

Various radio programming undertakings
Various locations

Renewed — Broadcasting licences for the radio programming undertakings listed in the appendix to the decision from September 1, 2012, to August 31, 2013.

2012-437 August 9, 2012

Cowichan Valley Community Radio Society
Lake Cowichan, British Columbia

Approved — Application for a broadcasting licence to operate an English-language low-power community FM radio station in Lake Cowichan.

2012-438 August 9, 2012

CIAM Media & Radio Broadcasting Association
Fort Vermilion, Alberta; and Prince Albert, Saskatchewan

Approved — Application to amend the broadcasting licence for the English-language Type B community radio station CIAM-FM Fort Vermilion in order to add a low-power FM transmitter in Prince Albert.

2012-439 August 9, 2012

Various licensees
Various locations

Renewed — Broadcasting licences for various television services set out in the appendix to the decision from September 1, 2012, to August 31, 2013.

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