Canada Gazette, Part I, Volume 152, Number 45: COMMISSIONS

November 10, 2018

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Cold-rolled steel — Decisions

On October 31, 2018, pursuant to paragraph 41(1)(b) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made final determinations of dumping and subsidizing concerning certain cold-rolled steel in coils or cut lengths from China, South Korea and Vietnam.

The subject goods are usually classified under the following tariff classification numbers:

The Canadian International Trade Tribunal (CITT) is continuing its inquiry into the question of injury to the domestic industry and it will make a finding by December 21, 2018. Provisional duties will continue to be applied on imports of dumped and subsidized subject goods until the CITT concludes its inquiry and issues its finding.

If the CITT finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, anti-dumping duty and/or countervailing duty will be applied to future importations of the subject goods. In that event, the importer in Canada shall pay such duties.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duty.

Information

The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website or by contacting Mr. Sean Robertson by telephone at 613-954-7409.

Ottawa, October 31, 2018

Doug Band
Director General
Trade and Anti-dumping Programs Directorate

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2018-020

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

Customs Act
Zuo Moderne Canada Inc. v. President of the Canada Border Services Agency
Date of Hearing December 13, 2018
Appeal No. AP-2018-013
Goods in Issue Christabel Square Table Aluminum Item #700600 and Christabel Round Table Aluminum Item #700601
Issue Whether the goods in issue are properly classified under tariff item No. 9403.20.00 as other metal furniture as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9403.30.00 as wooden furniture of a kind used in offices, or, in the alternative, tariff item No. 9403.60.90 as other wooden furniture, or, in the further alternative, tariff item No. 9403.10.00 as metal furniture of a kind used in offices, as claimed by Zuo Moderne Canada Inc.
Tariff Items at Issue

Zuo Moderne Canada Inc.—9403.30.00, 9403.60.90 or 9403.10.00

President of the Canada Border Services Agency—9403.20.00

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Laboratory equipment and supplies

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2018-019) on October 31, 2018, with respect to a complaint filed by Rescue 7 Inc., of Markham, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. 47419-188627/B) by the Department of Public Works and Government Services (PWGSC) on behalf of the Canada Border Services Agency. The solicitation was for automated external defibrillators.

Rescue 7 Inc. alleged that PWGSC awarded the contract to a bidder whose product did not meet the mandatory requirements of the solicitation.

Having examined the evidence presented by the parties and considered the provisions of the Canadian Free Trade Agreement, the North American Free Trade Agreement, the Revised Agreement on Government Procurement, the Canada-European Union Comprehensive Economic and Trade Agreement, the Canada-Chile Free Trade Agreement, the Canada-Peru Free Trade Agreement, the Canada-Colombia Free Trade Agreement, the Canada-Panama Free Trade Agreement, the Canada-Honduras Free Trade Agreement and the Canada-Korea Free Trade Agreement, the Tribunal determined that the complaint was not valid.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, October 31, 2018

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF ORDER

Thermoelectric containers

The Canadian International Trade Tribunal hereby gives notice that it will, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiate an expiry review (Expiry Review No. RR-2018-004) of its order made on December 9, 2013, in Expiry Review No. RR-2012-004, continuing, without amendment, its finding made on December 11, 2008, in Inquiry No. NQ-2008-002, concerning the dumping and subsidizing of thermoelectric containers that provide cooling and/or warming with the use of a passive heat sink and a thermoelectric module, excluding liquid dispensers, originating in or exported from the People's Republic of China. This order is scheduled to expire on December 8, 2018, unless the Tribunal has initiated an expiry review.

In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the order in respect of the subject goods is likely to result in the continuation or resumption of dumping and subsidizing of the subject goods. If the CBSA determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping and subsidizing, the Tribunal will then conduct an expiry review to determine if the continued or resumed dumping and subsidizing are likely to result in injury. The CBSA will provide notice of its determinations within 150 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than March 29, 2019. The Tribunal will issue its order and its statement of reasons no later than September 5, 2019.

Each person or government wishing to participate in this expiry review must file a notice of participation with the Tribunal on or before April 15, 2019. Each counsel who intends to represent a party in the expiry review must file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before April 15, 2019.

The schedule for this expiry review is found on the Tribunal's website.

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on June 24, 2019, at 9:30 a.m., to hear evidence and representations by interested parties. If there are no opposing parties, the Tribunal may explore the possibility of holding a file hearing, i.e. a hearing through written submissions only, instead of an oral hearing.

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, among other things, 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 the Tribunal's portion of this matter should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Further details regarding this expiry review, including the schedule of key events, are contained in the documents entitled "Additional Information" and "Expiry Review Schedule" appended to the notice of commencement of expiry review available on the Tribunal's website.

Ottawa, October 30, 2018

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Architect and engineering services

The Canadian International Trade Tribunal has received a complaint (File No. PR-2018-036) from Temprano and Young Architects Inc. (Temprano and Young) of Ottawa, Ontario, concerning a procurement (Solicitation No. LW082) by the National Capital Commission (NCC). The solicitation is for the services of architectural consulting firms on an "as and when requested" basis. 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 made a decision on October 25, 2018, to conduct an inquiry into the complaint.

Temprano and Young alleges that the NCC failed to evaluate its bid in accordance with the evaluation process and essential criteria set out in the tender documents, and did not exercise due diligence to ensure a fair and unbiased evaluation. Temprano and Young further alleges that the structure of the essential requirements of the tender was flawed and could not result in a fair and impartial evaluation.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, October 30, 2018

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website 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 website, 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 website, 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 website 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 website under "Public Proceedings."

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

ADMINISTRATIVE DECISIONS
Applicant's name Undertaking City Province Date of decision
Canadian Broadcasting Corporation CBTT-FM Tahsis British Columbia October 24, 2018
DECISIONS
Decision number Publication date Applicant's name Undertaking City Province
2018-407 October 29, 2018 Canadian Broadcasting Corporation Various television and radio stations Across Canada   
ORDERS
Order number Publication date Licensee's name Undertaking Location
2018-408 October 31, 2018   Broadcasting Licence Fees – Part II