Vol. 145, No. 1 — January 1, 2011
ARCHIVED — COMMISSIONS
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEALS
Notice No. HA-2010-018
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, Standard Life Centre, 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
Danson Decor Inc. v. President of the Canada Border Services Agency
Date of Hearing: January 27, 2011
Appeal No.: AP-2009-066
Goods in Issue: Decorative bows for gift wrapping
Issue: Whether the goods in issue are properly classified under tariff item No. 3926.90.90 as other articles of plastics, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9505.90.00 as festive articles, as claimed by Danson Decor Inc.
Tariff Items at Issue: Danson Decor Inc.—9505.90.00
President of the Canada Border Services Agency—3926.90.90
Customs Act
Massive Prints, Inc. v. President of the Canada Border Services Agency
Date of Hearing: February 1, 2011
Appeal No.: AP-2010-014
Goods in Issue: 100% cotton T-shirts
Issue: Whether the goods in issue are entitled to preferential tariff treatment (at the United States Tariff rate) under the North American Free Trade Agreement.
Customs Act
Nestle Canada Inc. v. President of the Canada Border Services Agency
Date of Hearing: February 2, 2011
Appeal No.: AP-2010-004
Goods in Issue: Gerber® Graduates® yogurt melts™
Issue: Whether the goods in issue are properly classified under tariff item No. 0403.90.91 (within access commitment) or tariff item No. 0403.90.92 (over access commitment) as other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 1901.10.20 as food preparations of goods of heading Nos. 04.01 to 04.04, for infant use, put up for retail sale, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis and containing more than 10 percent on a dry weight basis of milk solids, not elsewhere specified or included, or, in the alternative, under tariff item No. 1901.90.39 as other food preparations of goods of heading Nos. 04.01 to 04.04, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis and containing more than 10 percent but less than 50 percent on a dry weight basis of milk solids, not elsewhere specified or included, as claimed by Nestle Canada Inc.
Tariff Items at Issue: Nestle Canada Inc.—1901.10.20 or 1901.90.39
President of the Canada Border Services Agency—0403.90.91 or 0403.90.92
December 21, 2010
By order of the Tribunal
DOMINIQUE LAPORTE
Secretary
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CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF INQUIRY
Steel grating
Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on December 20, 2010, from the Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency, stating that preliminary determinations have been made respecting the dumping and subsidizing of metal bar grating of carbon, alloy, or stainless steel, consisting of load-bearing pieces and cross pieces, produced as standard grating or heavy-duty grating, in panel form, whether galvanized, painted, coated, clad or plated, originating in or exported from the People’s Republic of China.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2010-002) 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.
Under 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 summary of the information designated as confidential or a statement indicating why such a summary cannot be made.
Notices of participation
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 January 12, 2011. 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 January 12, 2011.
Public hearing
A public hearing relating to this inquiry will be held in the Tribunal’s Hearing Room No. 1, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on March 21, 2011, at 9:30 a.m.
To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested party and each counsel filing a notice of participation or representation must advise the Secretary, at the same time that they file their notice, whether they and their witnesses will be using French or English or both languages at the hearing.
In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.
The Canadian International Trade Tribunal Rules govern these proceedings.
In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.
Along with the notice of commencement of inquiry, the Secretary has sent a letter to the domestic producers, importers, distributors, service centres, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties. Copies of all the questionnaires can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp.
The Tribunal’s Guide to Making Requests for Product Exclusions, which can be found on the Tribunal’s Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided that all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the finding shall be filed by interested parties no later than noon, on February 16, 2011. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on February 25, 2011. Should the request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so no later than March 4, 2011.
Written submissions, correspondence and requests for information regarding this notice should be addressed to the Secretary, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).
Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The information is fully encrypted from the sender to the Tribunal.
Parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.
At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.
Written and oral communication with the Tribunal may be in English or in French.
Ottawa, December 21, 2010
DOMINIQUE LAPORTE
Secretary
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The following notices are abridged versions of the Commission’s original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:
— Central Building, Les Terrasses de la Chaudière, Room 206, 1 Promenade du Portage, Gatineau, Quebec K1A 0N2, 819-997-2429 (telephone), 994-0423 (TDD), 819-994-0218 (fax);
— Metropolitan Place, Suite 1410, 99 Wyse Road, Dartmouth, Nova Scotia B3A 4S5, 902-426-7997 (telephone), 426-6997 (TDD), 902-426-2721 (fax);
— Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, 204-983-6306 (telephone), 983-8274 (TDD), 204-983-6317 (fax);
— 530–580 Hornby Street, Vancouver, British Columbia V6C 3B6, 604-666-2111 (telephone), 666-0778 (TDD), 604-666-8322 (fax);
— CRTC Documentation Centre, 205 Viger Avenue W, Suite 504, Montréal, Quebec H2Z 1G2, 514-283-6607 (telephone), 283-8316 (TDD), 514-283-3689 (fax);
— CRTC Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, 416-952-9096 (telephone), 416-954-6343 (fax);
— CRTC Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, 306-780-3422 (telephone), 306-780-3319 (fax);
— CRTC Documentation Centre, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, 780-495-3224 (telephone), 780-495-3214 (fax).
Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.
Secretary General
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
2010-948 December 21, 2010
Rogers Broadcasting Limited
London, Ontario
Approved — Application to amend the broadcasting licence for the television station CJMT-TV Toronto to add a post-transition digital transmitter to serve London.
2010-949 December 21, 2010
Radio Communautaire MF Lac Simon inc.
Rouyn-Noranda, Quebec
Approved — Application to increase the effective radiated power of the French-, Anishnabe- and Algonquin-language Native Type B radio station CHUN-FM Rouyn-Noranda.
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-539-3
Notice of applications received
Various locations
Amendment to item 7
Deadline for submission of interventions and/or comments: January 13, 2011
Deadline for licensee’s reply: January 18, 2011
Further to Broadcasting Notices of Consultation 2010-539, 2010-539-1 and 2010-539-2, the Commission announces the following:
The following item is amended and the changes are in bold:
Item 7
Peterborough, Ontario
Application 2010-0982-9
Application by CTV Limited relating to the broadcasting licence of the English-language commercial radio programming undertaking CKQM-FM Peterborough.
The public file has been updated with new documents relating to item 7. The deadline for submission of interventions/comments has been extended to January 13, 2011, and the deadline for the licensee’s reply has also been extended to January 18, 2011.
December 21, 2010
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-826-1
Notice of hearing
February 8, 2011 — Pelmorex (formerly February 1, 2011)
Gatineau, Quebec
Amendment — Hearing date change
Further to Broadcasting Notice of Consultation 2010-826, the Commission announces the following (change in bold):
The Pelmorex hearing will now commence on February 8, 2011, at 9 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec.
December 21, 2010
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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE OF CONSULTATION 2010-926-2
Notice of hearing
February 1, 2011 — BCE/CTVgm (formerly February 8, 2011)
Gatineau, Quebec
Amendment — Hearing date change
Further to Broadcasting Notices of Consultation 2010-926 and 2010-926-1, the Commission announces the following (the change is in bold):
The BCE/CTVgm hearing will now commence on February 1, 2011, at 9 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.
December 21, 2010
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