Vol. 137, No. 51 — December 20, 2003

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2003-009

The Canadian International Trade Tribunal will hold public hearings to consider the appeals listed hereunder. The hearings will be held beginning at 9:30 a.m., in the Tribunal's hearing room, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7. Interested persons planning to attend should contact the Tribunal at (613) 991-5767 for further information and to ensure that the hearings will be held as scheduled.

Excise Tax Act

Appellant v. Respondent (Minister of National Revenue)

January 2004

Date	Appeal Number	Appellant
16	AP-98-034	Cornelius Industries Inc. Subsection 50(1.1) and sections 31 and 32 of Part I of Schedule IV

Customs Act

Appellant v. Respondent (Commissioner of the Canada Customs and
Revenue Agency)

January 2004

Date	Appeal Number	Appellant
14	AP-2003-025 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Canmade Furniture Products Inc. Drawer slides or runners March 5 to November 5, 2001 9403.90.00 or Heading No. 84.82 8302.42.00
22	AP-2003-030 Goods in Issue: Date of Entry: Tariff Items at Issue Appellant: Respondent:	Johnson & Johnson Inc. Novathin absorbent core material October 12, 2000 Heading No. 48.18 3926.90.90
27	AP-2002-113 Goods in Issue: Dates of Entry: Tariff Items at Issue Appellant: Respondent:	Excelsior Foods Inc. Fruit nectars/juices November 16, 1998, to January 19, 2000 2009.80.19 2202.90.90

December 12, 2003

By Order of the Tribunal
MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Information Processing and Related Telecommunications Services

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2003-037) on December 11, 2003, with respect to a complaint filed by IT/net Ottawa Inc. (the complainant), of Ottawa, Ontario, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, as amended by the North American Free Trade Agreement Implementation Act, S.C. 1993, c. 44, concerning a procurement (Solicitation No. V9750-020020/A) by the Department of Public Works and Government Services on behalf of the Department of Human Resources Development. The solicitation was for the provision of informatics professional services, business process and content services, and human resources management services.

The complainant alleged that, contrary to the trade agreements, the specifications outlined in the solicitation were overly restrictive and the time allowed for submitting a proposal was too short.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade and the North American Free Trade Agreement, the Tribunal determined that the complaint was not valid.

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, December 11, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF FINDINGS

Cold-rolled Steel Sheet Products

The Canadian International Trade Tribunal (the 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-2003-004) of its findings made on August 27, 1999, in Inquiry No. NQ-99-001, concerning cold-reduced flat-rolled sheet products of carbon steel (including high strength low-alloy steel), in coils or cut lengths (not painted, clad, plated or coated), in widths up to and including 80 in. (2 032 mm) and in thicknesses from 0.014 in. to 0.142 in. (0.35 mm to 3.61 mm) inclusive, originating in or exported from Belgium, the Russian Federation, the Slovak Republic and Turkey.

Notice of Expiry No. LE-2003-006, issued on October 20, 2003, informed interested persons and governments of the impending expiry of the findings. On the basis of available information, including representations requesting or opposing the initiation of an expiry review and responses to these representations received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the findings is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and governments, of its decision.

The Tribunal has issued a Draft Guideline on Expiry Reviews that can be found on the Tribunal's Web site at www.citt-tcce.gc.ca. In this expiry review, the Commissioner must determine whether the expiry of the findings in respect of certain cold-rolled steel sheet products is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the findings in respect of any goods is likely to result in the continuation or resumption of dumping, the Commissioner will provide the Tribunal with the information that is required under the Canadian International Trade Tribunal Rules. The Tribunal will then conduct an inquiry to determine if the continued or resumed dumping is likely to result in material injury or retardation.

If the Commissioner determines that the expiry of the findings in respect of any goods is unlikely to result in the continuation or resumption of dumping, the Tribunal will not consider those goods in its subsequent determination of the likelihood of material injury or retardation and will issue an order rescinding the findings with respect to those goods.

The Commissioner must provide notice of his determination within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than April 7, 2004. The Commissioner will also notify all persons or governments that were notified by the Tribunal of the commencement of an expiry review, as well as any others that participated in the Commissioner's investigation.

Letters have been sent to parties with a known interest in the expiry review, providing them with the schedule respecting both the Commissioner's investigation and the Tribunal's inquiry, should the Commissioner determine that the expiry of the findings in respect of any goods is likely to result in a continuation or resumption of dumping.

Commissioner's Investigation

The Commissioner will conduct his investigation pursuant to the provisions of SIMA and the administrative guidelines set forth in the Anti-dumping and Countervailing Directorate's publication entitled Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act. Any information submitted to the Commissioner by interested persons concerning this investigation is deemed to be public information unless clearly designated as confidential. Where the submission is confidential, a non-confidential edited version or summary of the submission must also be provided, which will be disclosed to interested parties upon request.

With respect to the Commissioner's investigation, the schedule specifies, among other things, the date for the filing of replies to the expiry review questionnaires, the date on which the Canada Customs and Revenue Agency (CCRA) exhibits will be available to parties to the proceeding, the date on which the administrative record will be closed and the dates for the filing of submissions by parties in the proceeding. The Tribunal has sent expiry review questionnaires to foreign producers and exporters, importers and domestic producers.

Tribunal's Inquiry

Should the Commissioner determine that the expiry of the findings in respect of any goods is likely to result in a continuation or resumption of dumping, the Tribunal will conduct its inquiry, pursuant to the provisions of SIMA and its Draft Guideline on Expiry Reviews, to determine if there is a likelihood of material injury or retardation. The schedule for the Tribunal's inquiry specifies, among other things, the date for the filing of replies by the domestic producers to Part E of the expiry review questionnaire, the date for the filing of replies to the Tribunal's market characteristics questionnaires, the date for the filing of updates of certain replies to the expiry review questionnaires, the date on which information on the record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation, and the dates for the filing of submissions by interested parties.

The Tribunal's Guide to Making Requests for Product Exclusions, which can be found on the Tribunal's Web site, describes the procedure for filing requests for specific product exclusions. The Guide includes a form for filing requests for product exclusions and a form for any party that opposes a request to respond to such requests. This does not preclude parties from making submissions in a different format if they so wish, provided that all of the information and supporting documentation requested in the forms are included. Requests to exclude goods from the findings shall be filed by interested parties no later than June 10, 2004. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than June 21, 2004. Should the request for a specific product exclusion be opposed, and if the interested party wishes to reply, it must do so within a period determined by the Tribunal in advance of the hearing.

Under 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 the information is designated as confidential. Furthermore, the person must submit a non-confidential edited version or non-confidential summary of the information designated as confidential or a statement indicating why such an edited version or summary cannot be made.

Public Hearing

The Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room, Standard Life Centre, 18th Floor, 333 Laurier Avenue W, Ottawa, Ontario, commencing on July 5, 2004, at 9:30 a.m., to hear evidence and representations by interested parties.

Each interested person or government wishing to participate at the hearing as a party must file a notice of participation with the Secretary on or before April 21, 2004. Each counsel who intends to represent a party at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before April 21, 2004.

To allow the Tribunal to determine whether simultaneous interpretation will be required for the hearing, each interested person or government filing a notice of participation and each counsel filing a notice of representation must advise the Secretary, at the same time that they file the notice, whether they and their witnesses will be using English or French or both languages at the hearing.

The Canadian International Trade Tribunal Rules govern these proceedings.

In order to observe and understand production processes, the Tribunal, accompanied by its staff, may conduct plant visits.

Communication

Written submissions, correspondence or requests for information regarding the Commissioner's investigation should be addressed to Mr. Michel Leclair, Anti-dumping and Countervailing Directorate, Canada Customs and Revenue Agency, Sir Richard Scott Building, 16th Floor, 191 Laurier Avenue W, Ottawa, Ontario K1A 0L5, (613) 954-7232 (Telephone), (613) 941-2612 (Facsimile).

A copy of the Commissioner's investigation schedule and the expiry review investigation guidelines are available on the CCRA's Web site at www.ccra-adrc.gc.ca/customs/business/sima/publications-eng.html.

Written submissions, correspondence or requests for information regarding the Tribunal's inquiry 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 (Facsimile).

Written and/or oral communications to the CCRA and the Tribunal may be made in English or in French.

Ottawa, December 9, 2003

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Information Processing and Related Telecommunications Services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2003-067) from IHS Solutions Limited (IHS), of Ottawa, Ontario, concerning a procurement (Solicitation No. OSFI-BSFI 2003/001) by the Office of the Superintendent of Financial Institutions (OSFI). The solicitation is for the provision of Web site re-engineering and Web content management 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.

It is alleged that the OSFI improperly declared the proposal submitted by IHS non-compliant with a mandatory criterion.

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, December 10, 2003

MICHEL P. GRANGER
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, 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

DECISION

The complete text of the decision summarized below is available from the offices of the CRTC.

2003-597 December 11, 2003

Milestone Radio Inc.
Toronto, Ontario

Approved — Decrease of the effective radiated power of its transmitter from 1 430 watts to 1 170 watts and increase of the antenna height from 264 to 298.7 metres, for the radio programming undertaking CFXJ-FM Toronto.

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