Vol. 136, No. 16 — April 20, 2002

COMMISSIONS

CANADA CUSTOMS AND REVENUE AGENCY

SPECIAL IMPORT MEASURES ACT

Fresh Tomatoes — Decision

On March 25, 2002, the Commissioner of Customs and Revenue made a preliminary determination of dumping under subsection 38(1) of the Special Import Measures Act (SIMA) respecting fresh tomatoes, originating in or exported from the United States of America, excluding tomatoes used for processing.

The goods in question are usually classified under Harmonized System classification numbers 0702.00.99.10, 0702.00.99.20 and 0702.00.99.90.

The Canadian International Trade Tribunal (Tribunal) will make a full inquiry into the question of injury to the Canadian industry. The Tribunal 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 released from customs during the period commencing on the date the preliminary determination was made, and ending on the earlier of the day the investigation is terminated, the day on which the Tribunal 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 payment of such provisional duty is hereby demanded.

Information

A statement of reasons for this decision has been provided to persons directly interested. It is available on the Canada Customs and Revenue Agency Web site at www.ccra-adrc.gc.ca/sima/ or by contacting Michel Desmarais or Roger Lyons by telephone at (613) 954-7188 or (613) 954-7342, respectively, by electronic mail at Michel.Desmarais@ccra-adrc.gc.ca or Roger.Lyons@ ccra-adrc.gc.ca, or by facsimile at (613) 954-2510.

Ottawa, March 25, 2002

ALICE SHIELDS
Director General
Anti-dumping and Countervailing Directorate

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Communications, Detection and Fibre Optics

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2001-077) from FLIR Systems Ltd., of Burlington, Ontario, concerning a procurement (Solicitation No. W8475-02BE01/B) by the Department of Public Works and Government Services on behalf of the Department of National Defence. The requirement is for a multi-spectral electro-optics/infrared (EO/IR) suite to modernize and upgrade the CP140 Aurora aircraft's avionics and sensor systems. 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.

The Tribunal has decided to conduct an inquiry into whether the specifications provided in the solicitation, as they relate to the electro-optical/infrared sensor, are written in terms of design and descriptive characteristics and not in terms of performance outputs, that is, the solicitation includes unnecessary restrictive technical specifications, contrary to the provisions of the Agreement on Internal Trade.

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 (Facsimile).

Ottawa, April 5, 2002

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

ORDER

Faced Rigid Cellular Polyurethane-modified Polyisocyanurate Thermal Insulation Board

In the matter of an expiry review (Expiry Review No. RR-2001-002), under subsection 76.03(3) of the Special Import Measures Act, of the finding made by the Canadian International Trade Tribunal on April 11, 1997, in Inquiry No. NQ-96-003, concerning faced rigid cellular polyurethane-modified polyisocyanurate thermal insulation board originating in or exported from the United States of America

On July 30, 2001, the Canadian International Trade Tribunal (the Tribunal) gave notice that, pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), it would initiate an expiry review of its finding made on April 11, 1997, in Inquiry No. NQ-96-003, concerning faced rigid cellular polyurethane-modified polyisocyanurate thermal insulation board (polyiso insulation board) originating in or exported from the United States of America.

In an expiry review, the Commissioner of the Canada Customs and Revenue Agency (the Commissioner) determines whether the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping. On November 27, 2001, the Commissioner, pursuant to subsection 76.03(7) of SIMA, determined that the expiry of the finding made by the Tribunal on April 11, 1997, in Inquiry No. NQ-96-003, respecting polyiso insulation board originating in or exported from the United States of America was unlikely to result in the continuation or resumption of dumping of the goods.

Pursuant to subsection 76.03(12) of SIMA, the Tribunal hereby rescinds the finding made in Inquiry No. NQ-96-003 concerning the above-mentioned goods.

Ottawa, April 10, 2002

SUSANNE GRIMES
Acting Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

WITHDRAWAL

Environmental Services

The Canadian International Trade Tribunal received a complaint (File No. PR-2001-068) from Bennett Environmental Inc. (the complainant), of Oakville, Ontario, concerning a procurement (Project No. HQ 021 41) by Defence Construction (1951) Limited on behalf of the Department of National Defence. The requirement is for the provision of design and contract services for the remediation of PCB-contaminated soil at Saglek, Newfoundland and Labrador.

Notice is hereby given that the complainant has withdrawn the complaint.

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 (Facsimile).

Ottawa, April 11, 2002

MICHEL P. GRANGER
Secretary

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CANADIAN RADIO-TELEVISION ANDTELECOMMUNICATIONS 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, 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, 10405 Jasper Avenue, Suite 520, Edmonton, Alberta T5J 3N4, (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.

2002-81 April 8, 2002

Global Communications Limited
Toronto, Hamilton and Kitchener, Ontario

TDNG Inc.
Toronto, Hamilton and Kitchener, Ontario

Alliance Atlantis Broadcasting Inc.
Toronto, with rebroadcasting transmitters in Hamilton and Kitchener, Ontario

Craig Broadcast Systems Inc., on behalf of a corporation to be incorporated
Toronto, with a rebroadcasting transmitter in Hamilton, Ontario

Approved, by majority vote — Application by Craig Broadcast Systems Inc., on behalf of a corporation to be incorporated, for a licence to operate an English-language over-the-air television station to serve Toronto, with an additional transmitter in Hamilton. The licence will expire August 31, 2008.

Denied — Competing applications by Global Communications Limited, TDNG Inc. and Alliance Atlantis Broadcasting Inc.

2002-82 April 8, 2002

Rogers Broadcasting Limited
Toronto, Ontario

Approved in part — New multilingual ethnic television station to serve Toronto, expiring August 31, 2008. The licensee must submit for approval, an application for the use of a television channel other than channel 52.

2002-83 April 8, 2002

Astral Broadcasting Group Inc./Le Groupe de Radiodiffusion Astral Inc. (The Movie Network)
Ontario, Quebec and Atlantic Provinces (Eastern Canada)

The Commission finds The Movie Network in breach of the watershed hour rule by airing The Sopranos at 8 p.m.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-17

Introductory Statement to Decisions Approving Two New Television Stations to Serve Toronto/Hamilton

In New television station for Toronto/Hamilton and New multilingual ethnic television station to serve Toronto, Broadcasting Decisions CRTC 2002-81 and 2002-82 (Decisions 2002-81 and 2002-82), also published today, the Commission awarded licences for two new television stations to serve the Toronto/Hamilton market. In this notice, the Commission introduces those decisions by reviewing the market and the economic issues considered as part of the hearing process.

April 8, 2002

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2002-18

The Commission has received the following application:

1. Cameron Bell Consultancy Ltd.
Chilliwack, British Columbia

To amend the licence of the low-power weather information radio station.

Intervention deadline: May 16, 2002

April 11, 2002

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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Softwood Lumber Products

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 April 2, 2002, a first Request for Panel Review of the Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination made by the United States Department of Commerce, International Trade Administration, respecting certain softwood lumber products from Canada, was filed by counsel for the Government of Canada, the Governments of the Provinces of Alberta, British Columbia, Manitoba, Ontario and Saskatchewan, the Gouvernement du Québec, the Governments of the Northwest Territories and the Yukon Territory, the British Columbia Lumber Trade Council and its constituent associations, the Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association, and the Quebec Lumber Manufacturers Association with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement. Additional Requests for Panel Review were filed by counsel for Tembec Inc. and Canfor Corporation (Canfor).

The final determination was published in the Federal Register, on April 2, 2002 [67 Fed. Reg. 15545].

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 is May 2, 2002);
(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 is May 17, 2002); and
(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-2002-1904-03, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th Street and Constitution Avenue NW, Washington, DC 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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NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Softwood Lumber Products

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 April 2, 2002, a first Request for Panel Review of the Final Determination of Sales at Less Than Fair Value made by the United States Department of Commerce, International Trade Administration, respecting certain softwood lumber products from Canada, was filed by counsel for the Government of Canada with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement. Additional Requests for Panel Review were filed by counsel for the Ontario Forest Industries Association and the Ontario Lumber Manufacturers Association; Tembec Inc.; West Fraser Mills Ltd.; Abitibi-Consolidated Inc., its affiliates, and Scieries Saguenay Ltée; BC Lumber Trade Council; Canfor Corporation (Canfor), and Slocan Forest Products Ltd.

The final determination was published in the Federal Register, on April 2, 2002 [67 Fed. Reg. 15539].

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 is May 2, 2002);
(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 is May 17, 2002);
(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-2002-1904-02, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th Street and Constitution Avenue NW, Washington, DC 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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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).