Canada Gazette, Part I, Volume 155, Number 33: COMMISSIONS

August 14, 2021

CANADA BORDER SERVICES AGENCY

SPECIAL IMPORT MEASURES ACT

Upholstered domestic seating — Decisions

On August 3, 2021, pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) has terminated the subsidy investigation in respect of certain upholstered domestic seating originating in or exported from China by Anji Hengrui Furniture Co., Ltd., Anji Hengyi Furniture Co., Ltd., Dongguan Tianhang Furniture Co., Ltd., Foshan DOB Furniture Co., Ltd., Foshan Xingpeichong Huitong Furniture Co., Ltd., Gu Jia Intelligent Household Jiaxing Co., Ltd., Haining Fanmei Furniture Co., Ltd., (Hangzhou) Huatong Industries Inc., HTL Furniture (China) Co., Ltd., HTL Furniture (Huai An) Co., Ltd., Jiaxing Motion Furniture Co., Ltd., Man Wah Furniture Manufacturing (Huizhou) Co., Ltd., Natuzzi (China) Ltd., Ruihao Furniture MFG Co., Ltd., Shanghai Trayton Furniture Co., Ltd., and Violino Furniture (Shenzhen) Ltd., and in respect of certain upholstered domestic seating originating in or exported from Vietnam by Delancey Street Furniture Vietnam Co., Ltd., Koda Saigon Co., Ltd., Timberland Co., Ltd., UE Vietnam Co., Ltd., Vietnam Hang Phong Furniture Company Limited, Wanek Furniture Co., Ltd., and Wendelbo SEA JSC due to no subsidy or insignificant amounts of subsidy.

On the same day, pursuant to paragraph 41(1)(b) of SIMA, the CBSA has made final determinations of dumping and subsidizing of certain upholstered domestic seating from China and Vietnam, with respect to exporters for which the investigations have not been terminated.

The subject goods are usually classified under the following tariff classification numbers:

The Canadian International Trade Tribunal (CITT) inquiry into the question of injury to the Canadian industry is continuing, and the CITT will issue its decision by September 2, 2021. Provisional duty will continue to be imposed on the subject goods from China and Vietnam until the CITT renders its decision. However, provisional countervailing duty will no longer be imposed on imports of goods of the same description as the goods in respect of which the subsidizing investigation has been terminated. Any provisional duty paid or security posted will be refunded, as appropriate.

If the CITT finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, antidumping duty and/or countervailing duty will be applied to future importations of the subject goods. In that event, the importer in Canada shall pay such duties.

The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties.

Information

The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website.

Ottawa, August 3, 2021

Doug Band
Director General
Trade and Anti-dumping Programs Directorate

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2021-006

The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held via videoconference. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca at least two business days before the commencement of the hearing to register and to obtain further information.

Customs Act
Philips Electronics Ltd. v. President of the Canada Border Services Agency
Date of Hearing September 9, 2021
Appeal No. AP-2020-029
Good in Issue Philips Saeco espresso machine descaler, Product No. CA6700/47
Issue Whether the good in issue is properly classified under tariff item No. 3402.20.90 as "other cleaning preparations put up for retail sale", as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3824.90.00 (year 2016) or 3824.99.00 (years 2017–2019) as "other chemical products and preparations of the chemical or allied industries, not elsewhere specified or included".
Tariff Items at Issue Philips Electronics Ltd.—3824.90.00 (year 2016) or 3824.99.00 (years 2017–2019)
President of the Canada Border Services Agency—3402.20.90

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Alarm systems, hazard detecting

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-096) on July 30, 2021, with respect to a complaint filed by Visiontec (2008) Ltd. (Visiontec), of Mississauga, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. 21120-203664/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Correctional Service of Canada. The solicitation was for two full-body X-ray scanners.

Visiontec alleged that PWGSC unfairly barred it from submitting a proposal in response to the solicitation on the basis of an alleged appearance of conflict of interest.

Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was valid, in part.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, July 30, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Certain container chassis

Notice is hereby given that, on August 9, 2021, pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal determined that there is evidence (Preliminary Injury Inquiry No. PI-2021-002) that discloses a reasonable indication that the dumping and subsidizing of container chassis and container chassis frames, whether finished or unfinished, assembled or unassembled, regardless of the number of axles, for the carriage of containers, or other payloads (including self-supporting payloads) for road, marine roll-on/roll-off and/or rail transport, and certain subassemblies of container chassis, originating in or exported from the People's Republic of China, have caused injury to the domestic industry. The full product description of the aforementioned goods is set out in the Tribunal's preliminary determination of injury.

Ottawa, August 9, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Diesel engines and components

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2021-007) on August 3, 2021, with respect to a complaint filed by Wärtsilä Canada Incorporated (Wärtsilä) of Mount Pearl, Newfoundland and Labrador, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. F6855-210015/A) made by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of engine parts for the CCGS Cygnus and CCGS Cape Roger.

Wärtsilä alleged that the contract was awarded to a bidder who did not comply with a mandatory requirement.

Pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Tribunal dismissed the complaint and terminated all proceedings relating thereto.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 3, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Refrigeration, air conditioning, and air circulating equipment

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-098) on August 6, 2021, with respect to a complaint filed by Aqua Valley Water (AVW) of Coldbrook, Nova Scotia, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. W0102-22001D/A) made by the Department of Public Works and Government Services for the Department of National Defence. The solicitation was for the supply and delivery of bottled water, rental of water coolers and cleaning/maintenance of machines.

AVW alleged it was misled by the procuring entity.

Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was valid.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 6, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Vessels, miscellaneous

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2021-006) on August 3, 2021, with respect to a complaint filed by Wärtsilä Canada Incorporated (Wärtsilä), of Mount Pearl, Newfoundland and Labrador, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. F7049-200079/A) by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the VLE dry-docking of the CCGS Cape Roger and CCGS Cygnus.

Wärtsilä alleged that the contract was awarded to a bidder who did not comply with a mandatory requirement.

Pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Tribunal dismissed the complaint and terminated all proceedings relating thereto.

Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 3, 2021

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY OF FINDING
(E-REGISTRY SERVICE PILOT PROJECT)

Welded large diameter carbon and alloy steel line pipe

The Canadian International Trade Tribunal hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act, that its finding made on October 20, 2016, in Inquiry No. NQ-2016-001, concerning the dumping of welded large diameter carbon and alloy steel line pipe with an outside diameter greater than 24 inches (609.6 mm), and less than or equal peto 60 inches (1 524 mm), regardless of wall thickness, length, surface finish (coated or uncoated), end finish (plain end or bevelled end), or stencilling and certification (including multiple-stencilled/multiple-certified line pipe for oil and gas transmission and other applications), originating in or exported from the People's Republic of China (China) and Japan, and the subsidizing of the above-mentioned goods originating in or exported from China, is scheduled to expire (Expiry No. LE-2021-002) on October 19, 2021, unless the Tribunal has initiated an expiry review.

For greater certainty, the product definition includes

The full list of goods excluded by the Tribunal's finding in the above-mentioned inquiry and by its order in Interim Review No. RD-2020-003 can be found in Appendix A of this notice of expiry of finding.

Interested firms, organizations, persons or governments wishing to make submissions on whether an expiry review is warranted must file a Form I — Notice of Participation with the Tribunal on or before August 23, 2021. Each counsel who intends to represent a party in these proceedings must file a Form II — Notice of Representation and a Form III — Declaration and Undertaking with the Tribunal on or before August 23, 2021. The forms can be found, in English and in French, on the Tribunal's website.

The deadline for filing submissions is August 31, 2021, at noon, ET. If there are opposing views, each party may file a response no later than September 9, 2021, at noon, ET. Counsel and self-represented participants are required to serve their respective submissions on each other at the same time as they file them with the Tribunal.

Submissions should include concise argument and supporting evidence concerning

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 non-confidential edited version or summary, or a statement indicating why such a summary cannot be made. For more information, please see the Tribunal's Confidentiality Guidelines, available in English and French on its website.

Documents should be filed electronically through the Tribunal's Secure E-filing Service. Only one electronic copy is required.

Following receipt of Forms I — Notice of Participation, Forms II — Notice of Representation and Forms III — Declaration and Undertaking, the Tribunal will send to counsel and self-represented participants a letter with information on the E-registry Service and the filing of documents.

The Tribunal will decide by September 27, 2021, on whether an expiry review is warranted. If not warranted, the finding 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, available in English and French, can be found on its website.

Enquiries regarding this notice should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca. It is also possible to reach the Registry by telephone at 613‑993‑3595.

Ottawa, August 6, 2021

Expiry schedule
August 6, 2021 Distribution of notice of expiry of finding and schedule
August 23, 2021 Notices of participation and of representation, and declarations and undertakings
August 31, 2021, by noon, ET Submissions requesting or opposing the initiation of an expiry review
September 9, 2021, by noon, ET Reply submissions
September 27, 2021 Decision issued
October 13, 2021 Statement of reasons issued (if required)

APPENDIX A — EXCLUSIONS

Goods excluded by the Tribunal in Inquiry No. NQ-2016-001

Goods excluded by the Tribunal in Interim Review No. RD-2020-003

CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDERS

Refined sugar

Notice is hereby given that, on August 6, 2021, pursuant to paragraph 76.03(12)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal continued its order (Expiry Review No. RR-2020-003) in respect of the dumping of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of the aforementioned goods originating in or exported from the European Union. Pursuant to subsection 76.04(1) of the Special Import Measures Act, the Canadian International Trade Tribunal also continued its order in respect of the dumping of the aforementioned goods originating in or exported from the United States of America. The goods excluded from the Tribunal's orders are listed in Appendix 1 to the orders.

Ottawa, August 6, 2021

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (2011), in Part 1 applications, these documents may be examined at the Commission's office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission's website, under “Public proceedings & hearings.”

The following documents are abridged versions of the Commission's original documents.

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 July 23 and August 5, 2021.

Application filed by Application number Undertaking City Province Deadline for submission of interventions, comments or replies
Canadian Broadcasting Corporation 2021-0501-4 and 2021-0502-2 CBMF-FM and CBF-FM-14 Mont-Tremblant Quebec August 30, 2021
CKUA Radio Foundation 2021-0506-4 CKUA-FM-13 Drumheller Alberta August 27, 2021
ADMINISTRATIVE DECISIONS
Applicant's name Undertaking City Province Date of decision
Canadian Hellenic Toronto Radio Inc. CHTO and CHTO-1 Toronto and Mississauga Ontario July 23, 2021
2251723 Ontario Inc. Cable distribution undertaking Multiple locations Ontario August 2, 2021
2251723 Ontario Inc. Cable distribution undertaking Multiple locations Quebec August 2, 2021
DECISIONS
Decision number Publication date Applicant's name Undertaking City Province
2021-243 July 30, 2021 Radio Ntetemuk inc. Innu-, French- and English-language Indigenous (Type B Native) FM radio station Pessamit Quebec
2021-247 August 2, 2021 Acadia Broadcasting Corporation Various licensed broadcasting undertakings Various locations Ontario, New Brunswick and Nova Scotia
2021-248 August 2, 2021 Muskoday Community Radio Corporation Low-power English- and Cree-language Indigenous radio station Muskoday Saskatchewan
2021-250 August 3, 2021 Quebecor Media Inc., on behalf of Videotron Ltd. Ici Tou.tv Extra Across Canada  
2021-264 August 4, 2021 Canadian Broadcasting Corporation CBZB-FM Fredericton and Boiestown New Brunswick
2021-266 August 5, 2021 Canadian Broadcasting Corporation Various television and radio stations Across Canada