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Vol. 139, No. 28 — July 9, 2005

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INTERIM REVIEW

Certain waterproof rubber footwear

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice that, pursuant to subsection 76.01(1) of the Special Import Measures Act, it has initiated an interim review (Request for Interim Review No. RD-2004-008) of its order made on October 18, 2002, in Expiry Review No. RR-2001-005, continuing, without amendment, its order made on October 20, 1997, in Review No. RR-97-001, continuing, with amendment, its order made on October 21, 1992, in Review No. RR-92-001, continuing, without amendment, the finding made by the Canadian Import Tribunal on October 22, 1987, in Review No. R-7-87, continuing, without amendment, the finding made by the Anti-dumping Tribunal on May 25, 1979, in Inquiry No. ADT-4-79, and the finding made by the Anti-dumping Tribunal on April 23, 1982, in Inquiry No. ADT-2-82, concerning certain waterproof rubber footwear originating in or exported from the People's Republic of China.

On February 8, 2005, the Tribunal received a request from Tracktion Canada Inc. (Tracktion) for an interim review of the order to exclude steel-studded over-the-shoe rubbers.

The Tribunal decided that the request was properly documented and invited comments from interested parties on Tracktion's request. One submission was received from the Shoe Manufacturers' Association of Canada (SMAC) stating that it opposed the request.

In light of Tracktion's request and SMAC's reply, the Tribunal decided that an interim review was warranted. The purpose of this interim review is to determine if the order should be amended to exclude the product for which an exclusion has been requested. Submissions already filed by parties have been placed on the record of the interim review. Any further submissions by interested parties respecting the product for which an exclusion has been requested should be filed no later than July 15, 2005. Submissions should be based exclusively on public information. However, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or public edited version of the confidential information. Confidential submissions will be made available to counsel who have filed the relevant declarations and undertakings. In accordance with paragraph 25(c) of the Canadian International Trade Tribunal Rules, the Tribunal has decided to proceed with a hearing by way of written submissions.

The Tribunal has notified the President of the Canada Border Services Agency, as well as other interested persons, of the commencement of an interim review. The Tribunal will make its decision on whether to amend the order in Expiry Review No. RR-2001-005 no later than August 18, 2005.

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).

Written and oral communication with the Tribunal may be in English or in French.

June 27, 2005

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF FINDING AND ORDER

Garlic

The Canadian International Trade Tribunal (the Tribunal) hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA), that its finding made on May 2, 2001, in Inquiry No. NQ-2000-006, concerning garlic, fresh or frozen, originating in or exported from the People's Republic of China and Vietnam, excluding fresh garlic subject to the finding made in the Canadian International Trade Tribunal Inquiry No. NQ-96-002, is scheduled to expire (Expiry No. LE-2005-001) on May 1, 2006.

The Tribunal also gives notice that its order made on March 20, 2002, in Expiry Review No. RR-2001-001, continuing, without amendment, its finding made on March 21, 1997, in Inquiry No. NQ-96-002, concerning fresh garlic originating in or exported from the People's Republic of China, imported into Canada from July 1 to December 31, inclusive, of each calendar year, is scheduled to expire March 19, 2007. It is the Tribunal's practice to issue a single notice of expiry where two or more findings or orders concerning identical goods, or goods that closely resemble each other, have dates of expiry of up to one year apart. Persons or governments that believe that the above finding and order should not be joined in a single review are invited to make submissions on the issue.

Under SIMA, findings of injury or threat of injury and the associated special protection in the form of anti-dumping or countervailing duties expire five years from the date of the last order or finding, unless an expiry review has been initiated before that date. An expiry review will not be initiated unless the Tribunal decides that there is sufficient information to indicate that it is warranted. The Tribunal will make a separate decision with regard to the review of the above finding and order. If the Tribunal decides to review the finding, the order or both, it will conduct a single expiry review, where the circumstances and considerations of fairness permit.

Persons or governments requesting or opposing the initiation of an expiry review of the said finding or order should file 20 copies of written public submissions containing relevant information, opinions and arguments, with the Secretary of the Tribunal not later than July 21, 2005. Persons or governments should endeavour to base their submissions exclusively on public information; however, confidential information relevant to the issues before the Tribunal may be filed, if necessary, along with a comprehensive public summary or edited version thereof.

Submissions should address all relevant factors, including

  • the likelihood of continued or resumed dumping of the goods;
  • the likely volume and price ranges of dumped imports if dumping were to continue or resume;
  • the domestic industry's recent performance, including trends in production, sales, market share and profits;
  • the likelihood of injury to the domestic industry if the finding or order were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped imports on the industry's future performance;
  • any other developments affecting, or likely to affect, the performance of the domestic industry;
  • changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
  • any other matter that is relevant.

Where there are opposing views, each person or government that filed a submission in response to the notice of expiry will be given an opportunity to respond in writing to the representations of other persons or governments. In these circumstances, the Tribunal will distribute copies of the public submissions to each person or government that filed a submission with the Tribunal. Persons or governments wishing to respond to the submissions must do so not later than July 29, 2005. If confidential submissions have been filed, the Secretary will notify persons or governments and instruct them on how they may access these submissions through qualified counsel.

The Tribunal will issue a decision on August 17, 2005, on whether an expiry review is warranted based on the submissions and representations received and the responses to them.

  • If there is no request for a review, the Tribunal will not initiate a review and the finding and order will expire on their expiry date.
  • If the Tribunal decides that a review is not warranted, the finding and order will expire on their expiry date. The Tribunal will issue its reasons not later than 15 days after its decision.
  • If the Tribunal decides to initiate a review, it will issue a notice of expiry review.

The Tribunal's Draft Guideline on Expiry Reviews can be found on its Web site at www.citt-tcce.gc.ca. In addition to providing more detailed information on the proceeding whereby the Tribunal determines if an expiry review is warranted, the draft guideline explains how an expiry review is conducted if the Tribunal determines that one is warranted. In an expiry review, the President of the Canada Border Services Agency (CBSA) first determines whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing of the goods. If the CBSA determines that the expiry of the order or finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then conduct an inquiry to determine if the continued or resumed dumping or subsidizing is likely to result in injury or retardation. The Tribunal's notice of expiry review will provide more information on the expiry review process.

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).

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, June 28, 2005

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Custodial operations and related services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2005-010) from SNC Technologies Inc. (SNC), of Le Gardeur, Quebec, concerning a procurement (Solicitation No. EP243-020059/B) 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 the services of contractors to market and sell surplus military assets. 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.

It is alleged that PWGSC failed to evaluate SNC's proposals properly by taking into consideration information not included in the proposals.

Further information may be obtained from 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).

Ottawa, June 27, 2005

HÉLÈNE NADEAU
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Certain hot-rolled carbon steel plate

In the matter of an expiry review, under subsection 76.03(3) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on June 27, 2000, in Inquiry No. NQ-99-004, as amended on August 23, 2004, in Interim Review No. RD-2004-002, concerning the dumping of certain hot-rolled carbon steel plate originating in or exported from Brazil, Finland, India, Indonesia, Thailand and Ukraine, and the subsidizing of certain hot-rolled carbon steel plate originating in or exported from India, Indonesia and Thailand

The Canadian International Trade Tribunal, pursuant to subsection 76.03(3) of the Special Import Measures Act, has conducted an expiry review (Expiry Review No. RR-2004-004) of its finding made on June 27, 2000, in Inquiry No. NQ-99-004, as amended on August 23, 2004, in Interim Review No. RD-2004-002, concerning the dumping of certain hot-rolled carbon steel plate originating in or exported from Brazil, Finland, India, Indonesia, Thailand and Ukraine, and the subsidizing of certain hot-rolled carbon steel plate originating in or exported from India, Indonesia and Thailand.

Pursuant to paragraph 76.03(12)(a) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby rescinds its finding concerning the above-mentioned goods.

Ottawa, June 27, 2005

HÉLÈNE NADEAU
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 G-5, 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.

2005-259 June 27, 2005

Trent Radio
Peterborough, Ontario

Approved — Technical change for the radio programming undertaking CFFF-FM Peterborough, as noted in the decision.

2005-260 June 28, 2005

Radio communautaire de Châteauguay CHAI-MF
Châteauguay, Quebec

Approved — Renewal of the broadcasting licence for the French-language Type B community radio programming undertaking CHAI-FM Châteauguay, from September 1, 2005, to August 31, 2012.

2005-261 June 28, 2005

Radio communautaire du Saguenay inc.
Saguenay (Jonquière), Quebec

Approved — Renewal of the broadcasting licence for the French-language Type B community radio programming undertaking CKAJ-FM Saguenay, from September 1, 2005, to August 31, 2012.

2005-262 June 28, 2005

Radio communautaire intergénération Jardin du Québec, CHOC-FM
Saint-Rémi, Quebec

Approved — Renewal of the broadcasting licence for the French-language Type B community radio programming undertaking CHOC-FM Saint-Rémi, from September 1, 2005, to August 31, 2012, and deletion of the condition of licence requiring it to devote a minimum of 40 percent of its programming to spoken word programming.

2005-263 June 28, 2005

La radio communautaire du comté
Rimouski and Mont-Joli, Quebec

Approved — Renewal of the broadcasting licence for the radio programming undertaking CKMN-FM Rimouski and Mont-Joli, from September 1, 2005, to August 31, 2009.

2005-264 June 28, 2005

Canadian Broadcasting Corporation
Toronto and Huntsville, Ontario

Approved — Technical change for the radio programming undertaking CBL-FM Toronto, as noted in the decision.

2005-265 June 29, 2005

Acadia Broadcasting Limited
St. Stephen, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CHTD-FM St. Stephen, from September 1, 2005, to August 31, 2012.

2005-266 June 29, 2005

Radio Acadie ltée
Caraquet, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJVA Caraquet, from September 1, 2005, to August 31, 2012.

2005-267 June 29, 2005

Homegrown Community Radio
Killaloe and Wilno, Ontario

Approved — Renewal of the broadcasting licence for the Type B community radio programming undertaking CHCR-FM Killaloe and its transmitter CHCR-FM-1 Wilno, from September 1, 2005, to August 31, 2012.

2005-268 June 29, 2005

Jeannine Dancy
Niagara-on-the-Lake, Ontario

Approved — Renewal of the broadcasting licence for the tourist radio programming undertaking CHQI-FM Niagara-on-the-Lake, from September 1, 2005, to August 31, 2012.

2005-269 June 29, 2005

Radio de la Baie ltée
Bathurst/Caraquet, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CKLE-FM Bathurst/ Caraquet, from September 1, 2005, to August 31, 2012.

2005-270 June 29, 2005

Micmac Historical Cultural Art Society
Listuguj, Quebec

Approved — Renewal of the broadcasting licence for the Type B native radio programming undertaking CFIC-FM Listuguj, from September 1, 2005, to August 31, 2012.

2005-271 June 29, 2005

Connelly Communications Corporation
Kirkland Lake, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJKL-FM Kirkland Lake, from September 1, 2005, to August 31, 2012.

2005-272 June 29, 2005

Houssen Broadcasting Ltd.
Moncton, New Brunswick

Approved — Renewal of the broadcasting licence for the specialty commercial radio programming undertaking CKOE-FM Moncton, from September 1, 2005, to August 31, 2012.

2005-273 June 29, 2005

Corus Radio Company
Cornwall, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJUL Cornwall, from September 1, 2005, to August 31, 2012.

2005-274 June 29, 2005

Rogers Broadcasting Limited
North Bay, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CHUR-FM North Bay, from September 1, 2005, to August 31, 2012.

2005-275 June 29, 2005

Rogers Broadcasting Limited
North Bay, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CKAT North Bay, from September 1, 2005, to August 31, 2012.

2005-276 June 29, 2005

Rogers Broadcasting Limited
Smiths Falls, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJET-FM Smiths Falls, from September 1, 2005, to August 31, 2012.

2005-277 June 29, 2005

Rogers Broadcasting Limited
Toronto, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJCL Toronto, from September 1, 2005, to August 31, 2012.

2005-278 June 29, 2005

Maritime Broadcasting System Limited
Campbellton, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CKNB Campbellton, from September 1, 2005, to August 31, 2012.

2005-279 June 29, 2005

Maritime Broadcasting System Limited
Moncton, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CKCW-FM Moncton, from September 1, 2005, to August 31, 2012.

2005-280 June 29, 2005

Maritime Broadcasting System Limited
Moncton, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CFQM-FM Moncton, from September 1, 2005, to August 31, 2012.

2005-281 June 29, 2005

Maritime Broadcasting System Limited
Saint John, New Brunswick

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CIOK-FM Saint John, from September 1, 2005, to August 31, 2012.

2005-282 June 29, 2005

CHUM (Ottawa) Inc.
Ottawa, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJMJ-FM Ottawa, from September 1, 2005, to August 31, 2012.

2005-283 June 29, 2005

CHUM Limited
Peterborough, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CKPT Peterborough, from September 1, 2005, to August 31, 2012.

2005-284 June 29, 2005

CHUM Limited
Ottawa, Ontario

Approved — Renewal of the broadcasting licence for the English-language radio programming undertaking CFRA Ottawa, from September 1, 2005, to August 31, 2012.

2005-285 June 29, 2005

Standard Radio Inc.
London, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CIQM-FM London, from September 1, 2005, to August 31, 2012.

2005-286 June 29, 2005

Standard Radio Inc.
Pembroke, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CHVR-FM Pembroke, from September 1, 2005, to August 31, 2012.

2005-287 June 29, 2005

Quinte Broadcastiang Company Limited
Quinte West, Ontario

Approved — Renewal of the broadcasting licence for the commercial radio programming undertaking CJTN-FM Quinte West, from September 1, 2005, to August 31, 2012.

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NAFTA SECRETARIAT

COMPLETION OF PANEL REVIEW

Carbon and certain alloy steel wire rod from Canada

Notice is hereby given, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, that the binational panel review of the final determination of material injury to a domestic industry made by the United States International Trade Commission concerning Carbon and Certain Alloy Steel Wire Rod from Canada is completed (Secretariat File No. USA-CDA-2002-1904-09).

On April 18, 2005, the binational panel affirmed the investigating authority's determination on remand respecting Carbon and Certain Alloy Steel Wire Rod from Canada.

No Request for an Extraordinary Challenge Committee has been filed with the responsible Secretary. Therefore, pursuant to subrule 78(b) of the NAFTA Article 1904 Panel Rules, this Notice of Completion of Panel Review is effective on June 2, 2005, the 31st day following the date on which the responsible Secretary issued the Notice of Final Panel Action.

Explanatory note

Chapter 19 of the North American Free Trade Agreement establishes a procedure for replacing domestic judicial review of determinations in antidumping 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 review final determinations expeditiously to determine whether they are in accordance with the antidumping 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, 90 Sparks Street, Suite 705, Ottawa, Ontario K1P 5B4, (613) 992-9388.

FRANÇOY RAYNAULD
Canadian Secretary

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