ARCHIVED — Vol. 147, No. 30 — July 27, 2013

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COMMISSIONS

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Certain unitized wall modules — Decision

On July 15, 2013, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the President of the Canada Border Services Agency (CBSA) made preliminary determinations of dumping and subsidizing in respect of certain unitized wall modules originating in or exported from the People’s Republic of China.

Since January 1, 2012, the goods in question are usually classified under the following Harmonized System classification numbers (HS codes):

  • 7610.10.00.20
  • 7610.90.10.90
  • 7610.90.90.90

Certain importers may also be classifying the goods subject to the product definition under the following HS codes:

  • 4016.93.90.90
  • 6806.10.90.90
  • 7016.90.00.19
  • 7604.29.20.30
  • 7610.90.00.90
  • 4016.93.99.10
  • 7005.29.00.98
  • 7308.30.00.21
  • 7610.10.00.10
  • 7610.90.90.30
  • 6802.23.00.10
  • 7008.00.00.00
  • 7318.15.90.49
  • 7610.10.00.20
  • 7610.90.90.90

The Canadian International Trade Tribunal (Tribunal) will conduct a full inquiry into the question of injury to the Canadian producers of certain unitized wall modules and will make findings not later than 120 days after its receipt of the notice of the preliminary determinations of dumping and subsidizing.

Pursuant to section 8 of SIMA, provisional duty is payable on subject goods that are released from the CBSA during the period commencing July 15, 2013, and ending on the earlier of the day the investigations are terminated, the day on which the Tribunal makes its findings, or the day an undertaking is accepted.

The amount of provisional duty payable is not greater than the estimated margin of dumping and the estimated amount of subsidy. The Customs Act applies with respect to the accounting and payment of provisional duty. As such, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.

Information

The Statement of Reasons regarding this decision will be issued within 15 days following the decision and will be available on the CBSA’s Web site at www.cbsa-asfc.gc.ca/sima-lmsi or by contacting either Robert Wright at 613-954-1643 or Dean Pollard at 613-954-7410, or by fax at 613-948-4844.

Ottawa, July 15, 2013

CATERINA ARDITO-TOFFOLO
Acting Director General
Anti-dumping and Countervailing Directorate

[30-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2013-006

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, 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 hearing will be held as scheduled.

Customs Act

Costco Wholesale Canada Ltd. v. President of the Canada Border Services Agency

Date of Hearing: August 20, 2013

Appeal No.: AP-2012-057

Goods in Issue: Sonoma sun shelters, Model No. 172716

Issue: Whether the goods in issue are properly classified under tariff item No. 7610.90.90 as other aluminum structures (excluding prefabricated buildings of heading No. 94.06) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns), as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9406.00.90 as other prefabricated buildings, as claimed by Costco Wholesale Canada Ltd.

Tariff Items at Issue: Costco Wholesale Canada Ltd.—9406.00.90 President of the Canada Border Services Agency—7610.90.90

The Canadian International Trade Tribunal (the Tribunal) has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeals referenced hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal prior to the commencement of the scheduled hearings. Interested persons seeking additional information should contact the Tribunal at 613-998-9908.

Customs Act

R. Atkinson v. President of the Canada Border Services Agency

Date of Hearing: August 22, 2013

Appeal No.: AP-2012-065

Good in Issue: A modified UMAREX Walther P38 gas pistol

Issue: Whether the good in issue is properly classified under tariff item No. 9898.00.00 as a prohibited device, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9304.00.90 as other arms (air gun), as claimed by R. Atkinson.

Tariff Items at Issue: R. Atkinson—9304.00.90 President of the Canada Border Services Agency—9898.00.00

Customs Act

M. Olson v. President of the Canada Border Services Agency

Date of Hearing: August 22, 2013

Appeal No.: AP-2012-069

Goods in Issue: AGM-033 airsoft rifle and BI-3881M airsoft rifle

Issue: Whether the goods in issue are properly classified under tariff item No. 9898.00.00 as prohibited devices, as determined by the President of the Canada Border Services Agency.

Tariff Item at Issue: President of the Canada Border Services Agency—9898.00.00

July 19, 2013

By order of the Tribunal

GILLIAN BURNETT
Acting Secretary

[30-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Unitized wall modules

Notice was received by the Acting Secretary of the Canadian International Trade Tribunal (the Tribunal) on July 15, 2013, from the Acting Director General of the Anti-dumping and Countervailing Directorate at the Canada Border Services Agency (CBSA), stating that preliminary determinations have been made respecting the dumping and subsidizing of unitized wall modules, with or without infill, including fully assembled frames, with or without fasteners, trims, cover caps, window operators, gaskets, load transfer bars, sunshades and anchor assemblies, excluding non-unitized building envelope systems, such as stick systems and point-fixing systems, 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-2013-002) 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.

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 July 30, 2013. 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 July 30, 2013.

A public hearing relating to this inquiry will be held in the Tribunal’s Hearing Room No. 1, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on October 15, 2013, at 9:30 a.m.

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 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.

Written submissions, correspondence and requests for information regarding this matter should be addressed to the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Further details regarding this inquiry, including the schedule of key events, are contained in the documents entitled “Additional Information” and “Inquiry Schedule” appended to the notice of commencement of inquiry available on the Tribunal’s Web site at www.citt-tcce.gc.ca.

Ottawa, July 16, 2013

GILLIAN BURNETT
Acting Secretary

[30-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Professional, administrative and management support services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2013-008) from PricewaterhouseCoopers LLP (PwC), of Ottawa, Ontario, concerning a procurement (Solicitation No. A0015-12-0040/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Department of Aboriginal Affairs and Northern Development. The solicitation is for forensic audit and investigation services. 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.

PwC alleges that PWGSC improperly evaluated its proposal.

Further information may be obtained from the Secretary, Canadian International Trade Tribunal, 333 Laurier Avenue W, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, July 12, 2013

GILLIAN BURNETT
Acting Secretary

[30-1-o]

CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Seamless carbon or alloy steel oil and gas well casing

Notice is hereby given that, on March 11, 2013, pursuant to paragraph 76.03(12)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal continued its finding (Expiry Review No. RR-2012-002) in respect of seamless carbon or alloy steel oil and gas well casing, whether plain end, bevelled, threaded or threaded and coupled, heat-treated or non-heat-treated, meeting American Petroleum Institute specification 5CT, with an outside diameter not exceeding 11.75 inches (298.5 mm), in all grades, including proprietary grades, originating in or exported from the People’s Republic of China.

Ottawa, March 11, 2013

ERIC WILDHABER
Secretary

[30-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its Web site 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 Web site, www.crtc.gc.ca, 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 Web site, 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 Web site 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 Web site under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications were posted on the Commission’s Web site between July 12, 2013, and July 18, 2013:

  • Seaside Broadcasting Organization
    Eastern Passage, Nova Scotia
    2013-0986-5
    Technical amendment for CFEP-FM
    Deadline for submission of interventions, comments and/or answers: August 12, 2013

  • Communications, Energy and Paperworkers Union of Canada
    Across Canada
    2013-0996-4
    Complaint by OMNI-TV against Rogers Broadcasting Limited against the cancellation of 21 programs aimed at 13 ethnic communities
    Deadline for submission of interventions, comments and/or answers: August 12, 2013

  • Rogers Media Inc.
    Across Canada
    2013-0987-3
    Amendment to the condition of licence relating to tangible benefits reporting for CITY-DT
    Deadline for submission of interventions, comments and/or answers: August 14, 2013

  • Canadian Broadcasting Corporation
    Kelowna, British Columbia
    2013-0990-7
    Addition of a transmitter for CBTK-FM
    Deadline for submission of interventions, comments and/or answers: August 14, 2013

  • MTS Inc.
    Winnipeg, Manitoba
    2013-1004-4
    Amendment of a condition of licence for its regional video-on-demand service
    Deadline for submission of interventions, comments and/or answers: August 16, 2013

  • Grande Prairie Radio Ltd.
    Grande Prairie, Alberta
    2013-0991-4
    Amendment of a condition of licence for CJGY-FM
    Deadline for submission of interventions, comments and/or answers: August 16, 2013

[30-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

DECISIONS

2013-339 July 17, 2013

Bell Media Inc.
Across Canada

Denied — Application to increase the amount of programming that Book Television can draw from program category 7 Drama and comedy.

2013-341 July 17, 2013

La Coopérative Radiophonique de Toronto inc.
Toronto, Ontario

Approved — Application to modify the technical parameters of the French-language community radio station CHOQ-FM Toronto.

2013-342 July 18, 2013

Canadian Broadcasting Corporation
Yellowknife, Northwest Territories; and Fort Chipewyan, Alberta

Approved — Application to amend the broadcasting licence for the radio station CFYK Yellowknife in order to operate a low-power FM transmitter at Fort Chipewyan to replace its current AM transmitter CBKE Fort Chipewyan.

2013-345 July 19, 2013

The Banff Centre
Banff, Alberta

Approved — Application to acquire the assets of the English-language low-power tourist information station CFPE-FM and the French-language low-power tourist information station CFPF-FM, and for new broadcasting licences to continue the operation of the stations.

[30-1-o]

NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

TEC Energy Inc.

By an application dated July 18, 2013, TEC Energy Inc. (the “Applicant”) has applied to the National Energy Board (the “Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export up to 4 380 000 MWh of firm energy and up to 4 380 000 MWh of interruptible energy annually for a period of 10 years.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.

  1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at TEC Energy Inc., 112 Place Terroux, Saint-Lambert, Quebec J4R 2W2, 514-502-8068 (telephone), elapointe@tecenergy.ca (email), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, or online at www.neb-one.gc.ca.
  2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by August 26, 2013.
  3. Pursuant to subsection 119.06(2) of the Act, the Board is interested in the views of submitters with respect to
    • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and

    • (b) whether the Applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.
  4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by September 10, 2013.
  5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-292-4800 (telephone) or 403-292-5503 (fax).

SHERI YOUNG
Secretary

[30-1-o]

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Marie-Andrée Bonneau, Centre Administrator, Studio of Interactive Productions (Class 8), Quebec and Regions Studios, French Program, National Film Board of Canada, Montréal, Quebec, to be a candidate, before and during the election period, for the position of Councillor, Town of Rosemère, Quebec, in a municipal election to be held on November 3, 2013.

July 11, 2013

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

[30-1-o]

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Barry Cunningham, Pollution Response Specialist (GT-3), Environmental Response Prince Rupert, Canadian Coast Guard, Department of Fisheries and Oceans, Prince Rupert, British Columbia, to be a candidate, before and during the election period, for the position of Councillor for the City of Prince Rupert, British Columbia, in a municipal by-election. The date of the by-election has not been confirmed.

July 15, 2013

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

[30-1-o]

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Philippe Desormeaux, Border Service Officer (FB-3), Canada Border Services Agency, Stanstead, Quebec, to be a candidate, before and during the election period, for the positions of Councillor and Deputy Mayor for the Municipality of Ogden, Quebec, in a municipal election to be held on November 3, 2013.

July 16, 2013

SUSAN M. W. CARTWRIGHT
Commissioner

D. G. J. TUCKER
Commissioner

ANNE-MARIE ROBINSON
President

[30-1-o]

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Line Lecours, Appeals Officer (SP-5), Appeals Branch, Shawinigan-Sud Tax Centre, Canada Revenue Agency, Shawinigan, Quebec, to be a candidate, before and during the election period, for the positions of Councillor, Deputy Mayor and Mayor for the Municipality of Notre-Dame-du-Mont-Carmel, Quebec, in a municipal election to be held on November 3, 2013.

July 19, 2013

KATHY NAKAMURA
Director General
Political Activities and
Non-Partisanship Directorate

[30-1-o]