Vol. 134, No. 44 — October 28, 2000

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF ORDER

Oil and Gas Well Casing

The Canadian International Trade Tribunal (the 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-2000-001) of its order made on July 5, 1996, in Review No. RR-95-001, continuing, without amendment, its order made on June 10, 1991, in Review No. RR-90-005, continuing, with amendment, the review finding made by the Canadian Import Tribunal (CIT) on November 6, 1986, in Review No. R-7-86, continuing, with amendment, the finding made by the CIT on April 17, 1986, in Inquiry No. CIT-15-85, concerning oil and gas well casing originating in or exported from the Republic of Korea and the United States of America.

Notice of Expiry No. LE-2000-001, issued on September 1, 2000, 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 an expiry 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. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the order in respect of oil and gas well casing is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the order in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in injury or retardation.

If the Commissioner determines that the expiry of the order in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of injury or retardation and will issue an order rescinding the order with respect to those goods.

The Commissioner must provide notice of his determination, with reasons, within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than February 16, 2001. The Commissioner will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the Commissioner's investigation.

Letters have been sent to parties with a known interest in the expiry review providing them with the schedule respecting both the Commissioner's investigation and the Tribunal's inquiry, should the Commissioner determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping.

Commissioner's Investigation

The Commissioner will conduct his investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate's publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the Commissioner by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided which will be disclosed to interested parties upon request.

With respect to the Commissioner's investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the Canada Customs and Revenue Agency (CCRA) exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. The Tribunal, on behalf of the Commissioner, has sent expiry review questionnaires to foreign producers and exporters, importers and domestic producers. Other persons having an interest in the Commissioner's investigation may also provide submissions to the Commissioner. These must be received by December 16, 2000, in order to be given consideration by the Commissioner.

Tribunal's Inquiry

Should the Commissioner determine that the expiry of the order in respect of any goods is likely to result in a continuation or resumption of dumping, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of injury or retardation. The schedule for the Tribunal's inquiry specifies, among other things, the date for the filing of replies by the domestic producers to Part E of the expiry review questionnaire, the date for the filing of replies to the Tribunal's market characteristics 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 participation 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 edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.

Public Hearing

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room, 18th floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on May 14, 2001, 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 participation with the Secretary on or before March 12, 2001. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before March 12, 2001.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation 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.

Communication

Written submissions, correspondence or requests for information regarding the Commissioner's investigation should be addressed to: Louis Nadon, Senior Program Officer, Anti-dumping and Countervailing Directorate, Canada Customs and Revenue Agency, Sir Richard Scott Building, 16th Floor, 191 Laurier Avenue W, Ottawa, Ontario K1A 0L5, (613) 954-7381 (Telephone), (613) 954-3750 (Facsimile).

A copy of the Commissioner's investigation schedule and the expiry review investigation guidelines are available on the CCRA's Web site at www.ccra-adrc.gc.ca/customs/business/ sima/index-eng.html.

Written submissions, correspondence or requests for information regarding the Tribunal's 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 or oral communications to the CCRA and the Tribunal may be made in English or in French.

Ottawa, October 20, 2000

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);

— 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, 405 De Maisonneuve Boulevard E, 2nd Floor, Suite B2300, Montréal, Quebec H2L 4J5, (514) 283-6607 (Telephone), 283-8316 (TDD), (514) 283-3689 (Facsimile);

— C.R.T.C. Documentation Centre, 55 St. Clair Avenue E, Suite 624, Toronto, Ontario M4T 1M2, (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);

— C.R.T.C. Documentation Centre, Scotia Place Tower Two, 19th Floor, Suite 1909, 10060 Jasper Avenue, Edmonton, Alberta T5J 3R8, (780) 495-3224 (Telephone), (780) 495-3214 (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.

2000-411 October 18, 2000

Playland Broadcasting Limited
Parry Sound, Ontario

Approved — Renewal of the licence for CKLP-FM Parry Sound from March 1, 2001, to August 31, 2002.

2000-412 October 18, 2000

Canadian Satellite Communications Inc. (Cancom)
Across Canada

SC SRDU Services Inc. (SC Services) [formerly Star Choice Television Network Incorporated]
Across Canada

Approved — Addition of CJOH-TV (CTV) Ottawa to the list of signals that they are authorized to distribute.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC HEARING 2000-8-4

Further to its Notice of Public Hearing CRTC 2000-8 dated August 25, 2000, relating to its public hearing which will be held on October 30, 2000, at 9 a.m., at the Telus Convention Centre, 120 Ninth Avenue SE, Calgary, Alberta, the Commission announces that, following receipt of interventions, it has decided to withdraw the following item from the public hearing and reschedule it at a later date:

Issue No. 1 — Item 21
Coopérative Radio
Ville-Marie Outaouais
Ottawa/Hull

To carry on a predominantly religious French-language FM radio programming undertaking at Ottawa/Hull. The new station would operate on frequency 97.9 MHz (channel 250B1) with an effective radiated power of 800 watts.

October 18, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-143

Revised Lists of Eligible Satellite Services

The three lists appended to the public notice supersede the lists appended to Public Notice CRTC 2000-133 dated September 22, 2000.

Addition of CJOH-TV (CTV) Ottawa to the list of Part 3 eligible satellite services

In Decision CRTC 2000-412 dated October 18, 2000, the Commission approved applications by Canadian Satellite Communications Inc. and SC SRDU Services Inc. (formerly Star Choice Television Network Incorporated) to add CJOH-TV (CTV) Ottawa to the list of signals that their satellite relay distribution undertakings are authorized to distribute.

October 18, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-144

Call for Comments Concerning Order in Council P.C. 2000-1464

Summary

The Commission seeks public input to assist it in preparing a report to the Governor in Council setting out proposed measures to ensure that the residents of the Greater Toronto Area receive a range of radio services reflective of the diversity of their languages and cultures. The report will be submitted by January 31, 2001.

Background

On September 13, 2000, the Governor in Council issued Order in Council P.C. 2000-1464, a copy of which is appended to the integral version of this notice. The Order in Council (the Order) was issued pursuant to section 15 of the Broadcasting Act (the Act). This section provides that the Governor in Council may request the Commission to hold hearings or make reports on any matter within the Commission's jurisdiction under the Act.

The Order requests the Commission to seek public comments and submit a report at the earliest possible time, and no later than January 31, 2001, on the following:

(a) the trends of the demographic composition of the Greater Toronto Area, the availability of radio services and the nature of the programming serving this population;

(b) the technical means in both analog and digital formats that might be available to increase the number and diversity of radio services in the Greater Toronto Area; and

(c) the impact of regulatory policies and licensing criteria on potential new entrants to the Greater Toronto Area radio market;

with a view to proposing measures to ensure that the residents of the Greater Toronto Area receive a range of radio services reflective of the diversity of their languages and cultures.

Until it submits its report to the Governor in Council, the Commission will not process any application involving the use of a new radio frequency in Toronto, nor will it process any amendment to the technical parameters of existing radio undertakings serving that community.

Call for comments

To assist it in preparing its report to the Governor in Council, the Commission invites written comments from the public on the matters addressed in the Order. The Commission will accept comments received on or before November 17, 2000.

Although the Commission will not formally acknowledge receipt of written comments, it will give full consideration to each, and they will form part of the public file, provided that the filing procedures set out below are followed.

Procedures for filing comments

Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.

Parties wishing to file their comments on paper should send them to the Secretary General, Canadian Radio-television and Telecommunication Commission, Ottawa Ontario K1A 0N2.

Parties wishing to file electronic versions of their comments can do so by electronic mail or on diskette. The Commission's electronic mail address is procedure@crtc.gc.ca.

Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

The Commission will make comments filed in electronic form available on its Web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.

The Commission also encourages interested parties to monitor the public examination file (and/or the Commission's Web site) for additional information that they may find useful when preparing their comments.

October 20, 2000

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-145

Call for Comments Concerning Over-the-air Television Services in Vancouver — Order in Council P.C. 2000-1551

The Commission seeks public input to assist it in preparing a report to the Governor in Council concerning the earliest possible establishment of over-the-air television services that reflect and meet the needs of the multicultural, multilingual and multiracial population of the Greater Vancouver Area. The report will be submitted by February 28, 2001.

Background

On October 4, 2000, the Governor in Council issued Order in Council P.C. 2000-1551, a copy of which is appended to the integral version of this notice. The Order in Council (the Order) was issued pursuant to section 15 of the Broadcasting Act (the Act). This section provides that the Governor in Council may request the Commission to hold hearings or make reports on any matter within the Commission's jurisdiction under the Act.

The Order requests the Commission to submit a report at the earliest time practicable, and no later than February 28, 2001, on the earliest possible establishment of over-the-air television services that reflect and meet the needs of the multicultural, multilingual and multiracial population of the Greater Vancouver area.

Until it submits its report to the Governor in Council, the Commission will not process any application involving the use of a new television frequency in Vancouver, nor will it process any amendment to the technical parameters of existing television undertakings serving that community.

Call for comments

To assist it in preparing its report to the Governor in Council, the Commission invites written comments from the public on the matter addressed in the Order. The Commission will accept comments received on or before November 24, 2000.

Although the Commission will not formally acknowledge receipt of written comments, it will give full consideration to each, and they will form part of the public file, provided that the filing procedures set out below are followed.

Procedures for filing comments

Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.

Parties wishing to file their comments on paper should send them to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2.

Parties wishing to file electronic versions of their comments can do so by electronic mail or on diskette. The Commission's electronic mail address is procedure@crtc.gc.ca.

Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

The Commission will make comments filed in electronic form available on its Web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.

The Commission also encourages interested parties to monitor the public examination file (and/or the Commission's Web site) for additional information that they may find useful when preparing their comments.

October 20, 2000

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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Magnesium

Notice is hereby given, in accordance with the Special Import Measures Act (as amended by the North American Free Trade Agreement Implementation Act), that on August 25, 2000, a first Request for Panel Review of the Final Results of the Five-Year Reviews of the Countervailing Duty and Antidumping Duty Orders made by the United States International Trade Commission, respecting Magnesium from Canada, was filed by counsel for the Gouvernement du Québec with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement.

The final results were published in the Federal Register, on August 2, 2000 [65 Fed. Reg. 47517].

The panel review will be conducted in accordance with the NAFTA Article 1904 Panel Rules. Subrule 35(1)(c) of the above-mentioned Rules provides that:

(i) a Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint was September 25, 2000);
(ii) a Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review shall file a Notice of Appearance in accordance with rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance was October 10, 2000);
(iii) the panel review shall be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.

Notices of Appearance and Complaints pertaining to the present panel review, USA-CDA-2000-1904-09, were to be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th Street and Constitution Avenues NW, Washington, DC, United States 20230.

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 panel reviews 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 NAFTA Article 1904 Panel Rules. 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, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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