Vol. 133, No. 39 — September 25, 1999

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Appeal No. AP-92-238

Driscoll's Darts & Trophies Ltd. (M.J. Driscoll) [Appellant] and the Minister of National Revenue (Respondent)

Excise Tax Act

Determination of Sales Tax

A notice of motion has been filed by counsel for the Minister of National Revenue in which he requests that Appeal No. AP-92-238 be dismissed for lack of prosecution, or, in the alternative, for failing to comply with the directions of the Canadian International Trade Tribunal. Attempts by the Tribunal to locate you, M.J. Driscoll, have been unsuccessful. Therefore, the Tribunal hereby directs that you show cause by October 18, 1999, why the appeal should not be dismissed in accordance with the grounds set out, and relief sought, in the notice of motion. Failure to show cause may result in your appeal being dismissed without any further proceedings. A copy of the notice of motion may be obtained by contacting the Secretary, at 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, or by calling (613) 990-2452.

September 17, 1999

By Order of the Tribunal

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Appeal No. AP-93-049

Raymonde Plourde (Appellant) and The Minister of National Revenue (Respondent)

Excise Tax Act

Determination of Sales Tax

Pursuant to Rule 38 of the Canadian International Trade Tribunal Rules, the Tribunal considers it appropriate to provide a notice of hearing with respect to this appeal in the Canada Gazette as attempts to locate you and communicate with you have been unsuccessful. Consequently, the hearing of this appeal will be conducted by way of a file hearing on October 20, 1999. The Tribunal further directs that the Respondent is not required to file its brief.

September 17, 1999

By Order of the Tribunal

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Appeal No. AP-94-101

Khong Island Jeweller Ltd. (Appellant) and the Minister of National Revenue (Respondent)

Excise Tax Act

Assessment of Sales Tax

Pursuant to Rule 38 of the Canadian International Trade Tribunal Rules, the Tribunal considers it appropriate to provide a notice of hearing with respect to this appeal in the Canada Gazette as attempts to locate you and communicate with you have been unsuccessful. Consequently, the hearing of this appeal will be conducted by way of a file hearing on October 21, 1999.

September 17, 1999

By Order of the Tribunal

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Concrete Reinforcing Bar

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on September 14, 1999, from the Director General of the Anti-dumping and Countervailing Directorate at the Department of National Revenue, stating that a preliminary determination had been made respecting the dumping in Canada of hot-rolled deformed carbon or low alloy steel concrete reinforcing bar in straight lengths or coils, originating in or exported from the Republic of Cuba, the Republic of Korea and the Republic of Turkey.

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-99-002) to determine whether the dumping of the above-mentioned goods has caused or is threatening to cause injury, or has caused retardation, as these words are defined in SIMA, 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.

Public Hearing

A public hearing relating to this inquiry will be held in the Tribunal Hearing Room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on December 13, 1999, at 9:30 a.m.

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of appearance with the Secretary on or before October 1, 1999. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of appearance as well as a declaration and undertaking with the Secretary on or before October 1, 1999.

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 appearance must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using French or English or both languages at the hearing.

Representations concerning the public interest question referred to in subsection 45(2) of SIMA may be made to the Tribunal. Persons referred to in subsection 45(2) who wish to make representations on that question must make the request to do so to the Secretary no later than October 1, 1999. No comprehensive representations on the public interest question are required at that time. However, any person wishing to make such representations should indicate the general nature of the public interest concerns. If any such request is received, the Secretary will notify any person making such a request and the parties to the inquiry of the place and time for the making of representations and the manner in which they may be made in the event of a finding of injury.

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 manufacturers, importers and certain purchasers with a known interest in the inquiry providing details on the procedures and the schedule for the inquiry. It specifies, among other things, the date for filing replies to Tribunal questionnaires, the date that information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of appearance, and dates for filing of submissions by interested parties.

Written submissions, correspondence or requests for information regarding this inquiry 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 (Facsimile).

Written and oral presentations to the Tribunal may be made in English or in French.

Ottawa, September 14, 1999

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-99-006

Appeals

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Customs Act

Appellant v. Respondent (Deputy Minister of National Revenue)

October 1999

Date	Appeal Number	Appellant
4	AP-96-110 AP-96-111 AP-96-112 AP-96-113	Adorable Junior Garments Inc. and Laren Garments Inc.
	Goods in Issue:	Clothing
	At Issue:	Value for Duty
7	AP-98-092	Sharp Electronics of Canada Ltd.
	Goods in Issue:	Toner cartridges
	Date of Entry:	July 4, 1996
	Tariff Items at Issue
	Appellant:	9009.90.90
	Respondent:	3707.90.00
*18	AP-97-039	Gemini Fashions of Canada Ltd.
	Goods in Issue:	Children's clothing
	At Issue:	Value for Duty
25	AP-99-012	Rittal Systems Ltd.
	Goods at Issue:	Industrial enclosures, data communication enclosures and industrial enclosure components
	Date of Entry:	March 3, 1995
	Tariff Items at Issue
	Appellant:	8536.90.20, 8536.30.90, 8538.90.99, 8473.30.99, 8548.00.00
	Respondent:	9403.20.00, 8415.82.90
26	AP-98-102	Calego International Inc.
	Goods in Issue:	Plush articles
	Dates of Entry:	August 26 to November 12, 1997
	Tariff Items at Issue
	Appellant:	9503.41.00
	Respondent:	4202.22.10 and 4202.92.11

^* The hearing will be held by videoconference at a location to be determined.

September 17, 1999

By Order of the Tribunal

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

REVIEW OF ORDER

Women's Boots and Women's Shoes

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that it will, pursuant to subsection 76(2) of the Special Import Measures Act, review its order made on May 2, 1995, in Review No. RR-94-003, continuing, with amendment, its findings made on May 3, 1990, in Inquiry No. NQ-89-003, concerning women's leather and non-leather boots originating in or exported from the People's Republic of China and women's leather and non-leather shoes originating in or exported from the People's Republic of China (Review No. RR-99-003).

Notice of Expiry No. LE-99-003, issued June 30, 1999, informed interested persons and governments of the impending expiry of the order. On the basis of available information, including representations requesting or opposing the initiation of a review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the order is warranted.

Letters have been sent to parties with a known interest in the review providing them with the schedule for the review. The schedule specifies, among other things, the date for the filing of replies to Tribunal questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of appearance and the dates for the filing of submissions by interested parties.

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 the 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.

Public Hearing

A public hearing relating to this review will be held in the Tribunal Hearing Room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on February 14, 2000, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of appearance with the Secretary on or before October 25, 1999. Each counsel who intends to represent a party at the hearing must file a notice of appearance as well as a declaration and undertaking with the Secretary on or before October 25, 1999.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government and each counsel filing a notice of appearance must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.

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.

Written submissions, correspondence or requests for information regarding this review 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 (Facsimile).

Written and oral presentations to the Tribunal may be made in English or in French.

Ottawa, September 15, 1999

SUSANNE GRIMES
Acting 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, 1 Promenade du Portage, Ground Floor, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), 994-0423 (TDD), (819) 994-0218 (Facsimile);

— Bank of Commerce Building, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), 426-6997 (TDD), (902) 426-2721 (Facsimile);

— Place Montréal Trust, 1800 McGill College Avenue, Suite 1920, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— The Kensington Building, Suite 1810, 275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), 983-8274 (TDD), (204) 983-6317 (Facsimile);

— 530-580 Hornby Street, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), 666-0778 (TDD), (604) 666-8322 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario, (416) 952-9096 (Telephone), (416) 954-6343 (Facsimile);

— C.R.T.C. Documentation Centre, Cornwall Professional Building, Room 103, 2125 11th Avenue, Regina, Saskatchewan S4P 3X3, (306) 780-3422 (Telephone), (306) 780-3319 (Facsimile).

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.

99-431 September 14, 1999

Native Communication Inc.
Thompson and Selkirk, Manitoba

Approved — Increase of the effective radiated power for CICY-FM Selkirk, from 44 000 watts to 100 000 watts.

99-432 September 14, 1999

Sky Cable Inc.
Brandon (rural regions surrounding); etc., Manitoba

Approved — Deletion of WTOL-TV (CBS) Toledo, Ohio, and WDIV (NBC) Detroit, Michigan, and addition of WCCO-TV (CBS) and KARE-TV (NBC) Minneapolis, Minnesota, on the basic service.

99-433 September 14, 1999

Krimbs T.V. Satellite Association Inc.
Invermay, Saskatchewan

Approved — Distribution, in encrypted mode, of The Sports Network (TSN), and addition of a transmitter.

99-434 September 14, 1999

Canadian Broadcasting Corporation
Kelowna, Chase and Sorrento, British Columbia

Approved — Addition of an FM mono transmitter at Chase.

99-435 September 14, 1999

The Ontario Educational Communications Authority (TVOntario)
Nipigon, Ontario

Approved — Addition of a transmitter at Nipigon.

99-436 September 14, 1999

Rogers Broadcasting Limited
Whistler, British Columbia

Approved — Decrease of the effective radiated power for CISW- FM Whistler from 900 watts to 586 watts.

99-437 September 14, 1999

Dufferin Communications Inc.
Orangeville, Ontario

Approved — Relocation of CIDC-FM's studios to Etobicoke and change of program source.

99-438 September 14, 1999

Cogeco Cable Systems Inc.
Hamilton (part of) and Stoney Creek, etc., Ontario

Approved — Authority to acquire the effective control of Cableworks Communications Inc. and to acquire the effective control of TV Hamilton Limited.

99-439 September 17, 1999

Riding Mountain Broadcasting Ltd.
Brandon, Manitoba

Approved — Broadcasting licence for an English-language FM station at Brandon, expiring August 31, 2006.

99-440 September 17, 1999

Craig Broadcast Systems Inc.
Brandon, Manitoba

Approved — Replacement of AM station CKX Brandon with a new English-language FM station. The licence will expire August 31, 2004.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-152

Atlantic and Quebec Region

1. Ingonish, Nova Scotia
Ultra Tek Cable Limited

To amend the broadcasting licence of the radiocommunication distribution undertaking serving Ingonish, as follows:

— by deleting the distribution of WXYZ-TV (ABC), WDIV (NBC) and WTVS (PBS) Detroit, Michigan, and WTOL- TV (CBS) Toledo, Ohio;

— by adding the distribution, in encrypted mode, of WHDH- TV (NBC); WCVB-TV (ABC), WBZ-TV (CBS) and WGBH-TV (PBS) Boston, Massachusetts; and

— by adding transmitters for the distribution, in encrypted mode, of CITY-TV (IND) Toronto, Ontario, CJON-TV (CTV) St. John's, Newfoundland, Atlantic Satellite Network (ASN), The Discovery Channel and The Nashville Network (TNN).

The Commission notes that for the distribution of all of these services, the licensee will use the currently authorized channels and the following additional channels, each with a transmitter power of 10 watts: 32, 42, 48, 53 and 56.

Deadline for intervention: October 18, 1999

September 13, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-153

Radio Express inc.
Valleyfield, Quebec

Transfer of control

The Commission announces that it has approved, by Letter of Authority A99-0120 dated September 7, 1999, a change in the control of Radio Express inc., licensee of the radio programming undertaking CKOD-FM Valleyfield.

September 14, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-154

Sonème inc.
Mont-Laurier, Quebec

Transfer of control

The Commission announces that it has approved, by Letter of Authority A99-0121 dated September 8, 1999, a change in the control of Sonème inc., licensee of the radio programming undertaking CFLO-FM Mont-Laurier and its transmitter CFLO-FM-1 L'Annonciation.

September 14, 1999

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 1999-155

Radio One Ltd.
Fredericton, New Brunswick

Radio Atlantic (1997) Ltd.
Truro, Nova Scotia, and Bathurst, New Brunswick

Carleton-Victoria Broadcasting Co. Ltd.
Grand Falls, Woodstock, Perth/Andover and Plaster Rock, New Brunswick

Radio Atlantic (CIBX) Ltd.
Fredericton, New Brunswick

Transfer of control and shares

The Commission announces that it has approved, by Letter of Authority A99-0110 dated August 27, 1999, a change to the ownership and control of Radio One Ltd. (Radio One) and Radio Atlantic (CIBX) Ltd. through the transfer of all of their issued and outstanding shares to Telemedia Communications Inc. (Telemedia).

September 17, 1999

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NAFTA SECRETARIAT

COMPLETION OF PANEL REVIEW

Stainless Steel Round Wire

Notice is hereby given, pursuant to subrule 78(a) of the NAFTA Article 1904 Panel Rules, that the binational panel review of the final determination made by the United States Department of Commerce, International Trade Administration respecting stainless steel round wire from Canada is completed. Pursuant to subrule 78(a) of the NAFTA Article 1904 Panel Rules, this Notice of Completion of Panel Review is effective on August 10, 1999, the day the Consent Motion to terminate the binational panel review of this matter was filed (Secretariat File No. USA-CDA-99-1904-04).

Explanatory Note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in anti-dumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.

These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to expeditiously review final determinations to determine whether they are in accordance with the anti-dumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the North American Free Trade Agreement which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994.

Requests for information concerning the present notice, or concerning the NAFTA Article 1904 Panel Rules, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, North American Free Trade Agreement, Royal Bank Centre, Suite 705, 90 Sparks Street, Ottawa, Ontario K1P 5B4, (613) 992-9388.

DENIS FORTIER
Deputy Secretary

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).