Canada Gazette, Part I, Volume 152, Number 43: COMMISSIONS
October 27, 2018
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Carbon steel welded pipe — Decision
On October 18, 2018, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made a preliminary determination of dumping of certain carbon steel welded pipe from Pakistan, the Philippines, Turkey and Vietnam.
The goods in question are usually classified under the following tariff classification numbers:
- 7306.30.00.10
- 7306.30.00.20
- 7306.30.00.30
The Canadian International Trade Tribunal (CITT) will conduct a full inquiry into the question of injury to the Canadian industry and will make an order or finding not later than 120 days after its receipt of the notice of the preliminary determination of dumping.
Pursuant to section 8 of SIMA, provisional duty is payable on subject goods that are released from the CBSA during the period commencing October 18, 2018, and ending on the earlier of the day the investigation is terminated, the day on which the CITT makes an order or finding, or the day an undertaking is accepted.
The amount of provisional duty payable is not greater than the estimated margin of dumping. 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 website or by contacting the SIMA Registry and Disclosure Unit by telephone at 613-948-4605 or by email at simaregistry@cbsa-asfc.gc.ca.
Ottawa, October 18, 2018
Doug Band
Director General
Trade and Anti-dumping Programs Directorate
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEALS
Notice No. HA-2018-019
The Canadian International Trade 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 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.
| Date of Hearing | November 27, 2018 |
|---|---|
| Appeal No. | AP-2018-005 |
| Goods in Issue |
Fisher-Price Roarin' Rainforest Jumperoo |
| Issue | Whether the goods in issue are properly classified under tariff item No. 9401.71.10 as other upholstered seats, with metal frames, for domestic purposes, whether or not convertible into beds, and parts thereof, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 9503.00.90 as other toys, as claimed by Mattel Canada Inc. |
| Tariff Items at Issue | Mattel Canada Inc.—9503.00.90 President of the Canada Border Services Agency—9401.71.10 |
The Canadian International Trade Tribunal has decided, pursuant to rule 36.1 of the Canadian International Trade Tribunal Rules, to consider the appeal referenced hereunder by way of written submissions. Persons interested in intervening are requested to contact the Tribunal prior to the commencement of the scheduled hearing. Interested persons seeking additional information should contact the Tribunal at 613-998-9908.
| Date of Hearing | November 29, 2018 |
|---|---|
| Appeal No. | AP-2017-065 |
| Goods in Issue |
Disposable shoe covers |
| Issue | Whether the goods in issue are properly classified under tariff item No. 6307.90.99 as other made up articles, including dress patterns, of other textile materials, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3926.20.95 as other articles of apparel and clothing accessories, of plastics combined with knitted or woven fabrics, bolducs, nonwovens or felt, as claimed by Impex Solutions Inc. |
| Tariff Items at Issue | Impex Solutions Inc.—3926.20.95 President of the Canada Border Services Agency—6307.90.99 |
CANADIAN INTERNATIONAL TRADE TRIBUNAL
COMMENCEMENT OF INQUIRY
Carbon steel welded pipe
Notice was received by the Canadian International Trade Tribunal on October 18, 2018, from the Director General of the Trade and Anti-dumping Programs Directorate at the Canada Border Services Agency (CBSA), stating that a preliminary determination had been made respecting the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from ½ inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from the Islamic Republic of Pakistan, the Republic of the Philippines, the Republic of Turkey and the Socialist Republic of Vietnam.
Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2018-003) to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is 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 Tribunal on or before November 2, 2018. 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 Tribunal on or before November 2, 2018.
A public hearing relating to this inquiry will be held in the Tribunal's Hearing Room No. 1, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario, commencing on January 14, 2019, at 9:30 a.m., to hear evidence and representations by interested parties.
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 notice should be addressed to the Registrar, Canadian International Trade Tribunal Secretariat, 15th Floor, 333 Laurier Avenue West, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), citt-tcce@tribunal.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 website.
Ottawa, October 19, 2018
CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY OF ORDER
Structural tubing
The Canadian International Trade Tribunal hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act (SIMA) that its order made on December 20, 2013, in Expiry Review No. RR-2013-001, is scheduled to expire (Expiry No. LE-2018-006) on December 19, 2018, unless the Tribunal has initiated an expiry review. That order, which concerns the dumping of structural tubing known as hollow structural sections made of carbon and alloy steel, welded, in sizes up to and including 16.0 inches (406.4 mm) in outside diameter for round products and up to and including 48.0 inches (1,219.2 mm) in periphery for rectangular and square products, commonly but not exclusively made to ASTM A500, ASTM A513, CSA G.40.21-87-50W and comparable specifications, originating in or exported from the Republic of Korea and the Republic of Turkey, continued, in part, the Tribunal's order made on December 22, 2008, in Expiry Review No. RR-2008-001, continuing its finding made on December 23, 2003, in Inquiry No. NQ-2003-001.
Interested firms, organizations, persons or governments wishing to make submissions on whether an expiry review is warranted must file a notice of participation with the Tribunal on or before November 5, 2018. Each counsel who intends to represent a party in these proceedings must also file a notice of representation, as well as a declaration and undertaking, with the Tribunal on or before November 5, 2018. The Tribunal will distribute the list of participants on November 6, 2018. The deadline for filing submissions is November 13, 2018. If there are opposing views, each party may file a response no later than November 23, 2018.
Submissions should include concise argument and supporting evidence concerning
- 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 supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
- the likelihood of injury to the domestic industry if the 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.
Anyone 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 nonconfidential edited version or summary, or a statement indicating why such a summary cannot be made. Please see the Tribunal's Confidentiality Guidelines.
Documents should be filed electronically through the Tribunal's Secure E-filing Service. Only one electronic copy is required.
Counsel and parties are required to serve their submissions on each other on the same dates they file their submissions. Public submissions are to be served on counsel and those parties who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record and who have filed an undertaking with the Tribunal. This information will be included in the list of participants. Submissions that contain information that is confidential to your company/government or your client may be served by electronic means provided you are willing to accept the associated risks. Submissions that contain confidential information belonging to a company/government that is not your own or that is not represented by you must be served by courier. One electronic copy of proof of service must be served on the Tribunal.
The Tribunal will decide by December 10, 2018, on whether an expiry review is warranted. If not warranted, the order will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.
The Tribunal's Expiry Review Guidelines can be found on its website.
Enquiries regarding this notice 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).
Ottawa, October 19, 2018
CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY REVIEW OF FINDING
Silicon metal
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-2018-003) of its finding made on November 19, 2013, in Inquiry No. NQ-2013-003, concerning the dumping and subsidizing of silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight, and silicon metal containing between 89.00 percent and 96.00 percent silicon by weight that contains aluminium greater than 0.20 percent by weight, of all forms and sizes, originating in or exported from the People's Republic of China.
In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods. If the CBSA determines that the expiry of the 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 expiry review to determine if the continued or resumed dumping or 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 15, 2019. The Tribunal will issue its order and its statement of reasons no later than August 22, 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 1, 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 1, 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 10, 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 16, 2018
CANADIAN INTERNATIONAL TRADE TRIBUNAL
ORDER
Carbon steel welded pipe
Notice is hereby given that, on October 15, 2018, 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-2017-005) made on December 11, 2012, in Inquiry No. NQ-2012-003, concerning the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, and excluding 1 mm thick carbon steel tubing (SPCC-1, 25.6 mm in outside diameter), double coated (first coated with acrylonitrile butadiene styrene, then with polyvinyl chloride), and non-galvanized, ASTM A53, Grade B, Schedule 80 pipe, with an inside diameter of 1 1/4 inches to 1 1/2 inches, in 22-ft. lengths, with the inside weld scarfed, originating in or exported from the Republic of Korea, and produced with AISI C1022M steel with a carbon content of 0.18 percent to 0.23 percent and a manganese content of 0.80 percent to 1.00 percent, originating in or exported from Chinese Taipei (excluding goods exported from Chinese Taipei by Chung Hung Steel Corporation and Shin Yang Steel Co. Ltd.), the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand and the United Arab Emirates (excluding goods exported from the United Arab Emirates by Conares Metal Supply Ltd.), and the subsidizing of the aforementioned goods originating in or exported from the Republic of India.
Ottawa, October 15, 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
PART 1 APPLICATIONS
The following applications for renewal or amendment, or complaints were posted on the Commission's website between October 12 and October 18, 2018.
| Application filed by | Application number | Undertaking | City | Province | Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
| Harvest Ministries Sudbury | 2018-0857-8 | CJTK-FM-7 | Englehart | Ontario | November 14, 2018 |
| Decision number | Publication date | Applicant's name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2018-398 | October 12, 2018 | Peach City Community Radio Society | Community FM radio station | Penticton | British Columbia |
| 2018-399 | October 15, 2018 | Canadian Broadcasting Corporation | CBJ-FM-4 | L'Anse-Saint-Jean | Quebec |