Government of Canada
Symbol of the Government of Canada


Vol. 134, No. 37 — September 9, 2000

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

OPINION

Iodinated Contrast Media

In the matter of an opinion of the Canadian International Trade Tribunal, under section 45 of the Special Import Measures Act, resulting from Inquiry No. NQ-99-003 conducted under section 42 of the Special Import Measures Act;

Respecting whether the imposition of anti-dumping duties, or the imposition of such duties in the full amount, on iodinated contrast media used for radiographic imaging, in solutions of osmolality less than 900 mOsm/kg H2O, originating in or exported from the United States of America (including the Commonwealth of Puerto Rico) would not or might not be in the public interest (Public Interest Investigation No. PB-2000-001).

The Canadian International Trade Tribunal herewith reports to the Minister of Finance under section 45 of the Special Import Measures Act that it is of the opinion that the imposition of the anti-dumping duties in the full amount, in respect of the goods originating in or exported from the United States of America (including the Commonwealth of Puerto Rico), is not in the public interest.

a) Searle Ltd. Exports to Nycomed Amersham Canada Ltd.

The Canadian International Trade Tribunal recommends that the Minister of Finance reduce the anti-dumping duties on shipments of low osmolality contrast media from Searle Ltd. to Nycomed Amersham Canada Ltd. by the amount by which the per-millilitre anti-dumping duties payable determined by the Canada Customs and Revenue Agency exceed the per-millilitre anti-dumping duties determined as follows:

(i) Establish new normal values by increasing, by 11.72 percent, Searle Ltd.'s final determination section 25 export prices per millilitre for the 1999 portion of the Canada Customs and Revenue Agency's period of investigation. These new normal values would remain fixed for the duration of the finding.
(ii) Establish new section 25 export prices per millilitre by deducting from resale prices an amount to cover the costs of selling in, and importing into, Canada, plus a profit. The amount would be established in the following manner:

(a) Establish the weighted average section 25 export price per millilitre for Searle Ltd. for the 1999 portion of the period of investigation.

(b) Establish the weighted average resale price per millilitre for Nycomed Amersham Canada Ltd. (end user price) for the 1999 portion of the final determination.

(c) Express the difference between the weighted average resale price per millilitre and the weighted average section 25 export price per millilitre as a percentage of the weighted average section 25 export price per millilitre. This percentage would remain fixed for the duration of the finding.

(d) Apply the percentage established in (ii)(c) to the new normal values to arrive at the amount to cover the costs of selling in, and importing into, Canada, plus a profit.

(iii) Anti-dumping duties are equal to the amount by which the new normal values exceed the new section 25 export prices.

The Canadian International Trade Tribunal recommends that, if the domestic market resale price per millilitre for imports of low osmolality contrast media from Searle Ltd. is at a level that produces a new section 25 export price per millilitre that is less than the new normal value per millilitre, then there should be no duty reduction for the imports.

b) Bristol-Myers Squibb Company Exports to Bracco Diagnostics Canada Inc.

The Canadian International Trade Tribunal recommends that the Minister of Finance reduce the anti-dumping duties on shipments of low osmolality contrast media from Bristol-Myers Squibb Company to Bracco Diagnostics Canada Inc. by the amount by which the per-millilitre anti-dumping duties determined by the Canada Customs and Revenue Agency exceed the per-millilitre anti-dumping duties determined as follows:

(i) Establish new normal values by increasing, by 22.51 percent, Bristol-Myers Squibb Company's final determination section 25 export prices per millilitre for the Canada Customs and Revenue Agency's whole period of investigation. These new normal values would remain fixed for the duration of the finding.
(ii) Establish new section 25 export prices per millilitre by deducting from resale prices an amount to cover the costs of selling in, and importing into, Canada, plus a profit. The amount would be fixed for the duration of the finding and would be established in the following manner:

(a) Establish the weighted average new normal value per millilitre for Bristol-Myers Squibb Company for the period of the investigation. (b) Subtract the weighted average new normal value per millilitre established in (ii)(a) from 28.5¢/mL to arrive at the amount to cover the costs of selling in, and importing into, Canada, plus a profit.

(iii) Anti-dumping duties are equal to the amount by which the new normal values exceed the new section 25 export prices.

The Canadian International Trade Tribunal recommends that, if the domestic market resale price per millilitre for imports of low osmolality contrast media from Bristol-Myers Squibb Company is at a level that produces a new section 25 export price per millilitre that is less than the new normal value per millilitre, then there should be no duty reduction for the imports.

c) Other

The Canadian International Trade Tribunal recommends that the Minister of Finance reduce the anti-dumping duties on shipments of low osmolality contrast media to importers in Canada other than those identified in recommendations a) and b) above in a manner that has the same market price effects as the recommended duty reductions.

Ottawa, August 29, 2000

MICHEL P. GRANGER
Secretary

[37-1-o]

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, 1 Promenade du Portage, Ground Floor, 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, Scotia Place Tower Two, 19th Floor, Suite 1909, 10060 Jasper Avenue, Edmonton, Alberta T5J 3R8, (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.

2000-370 August 28, 2000

Astral Television Networks Inc.
Eastern Canada

Approved — Renewal of the broadcasting licence for the regional English-language general interest pay television service known as MOVIEPIX, from September 1, 2000, to August 31, 2007.

Approved — Amendments to MOVIEPIX's conditions of licence relating to the nature of its service, expenditures on Canadian programs and the definition of revenues.

2000-371 August 30, 2000

Central Nova Tourist Association
Amherst, Nova Scotia

Approved — Amendment to the broadcasting licence for the radio programming undertaking CFNS-FM, by replacing the condition of licence prohibiting the broadcast of advertising material.

2000-372 August 31, 2000

Radio Blanc-Sablon inc.
Lourdes-de-Blanc-Sablon, Middle Bay and Rivière-Saint-Paul, Quebec

Renewed — Broadcasting licence for the Type A community radio programming undertaking CFBS-FM Lourdes-de- Blanc-Sablon and its transmitters CFBS-FM-1 Middle Bay and CFBS-FM-2 Rivière-Saint-Paul, from September 1, 2000, to February 28, 2001.

2000-373 August 31, 2000

Radio campus des étudiants de l'Université du Québec à Trois-Rivières
Trois-Rivières, Quebec

Renewed — Broadcasting licence for CFOU-FM Trois-Rivières, from September 1, 2000, to February 28, 2001.

2000-374 August 31, 2000

Wasa Lions Recreational Society
Wasa, British Columbia

Renewed — Broadcasting licence for the radiocommunication distribution undertaking serving Wasa, from September 1, 2000, to February 28, 2001.

2000-375 August 31, 2000

Association francophone d'Iqaluit
Iqaluit, Nunavut

Renewed — Broadcasting licence for the French-language FM community radio programming undertaking at Iqaluit, from September 1, 2000, to February 28, 2001.

2000-376 August 31, 2000

Western Canada and Territories

Renewed — Broadcasting licences for radiocommunication distribution undertakings listed in the appendix to the decision, from September 1, 2000, to February 28, 2001.

2000-377 August 31, 2000

Manitoba and British Columbia

Renewed — Broadcasting licences for the radiocommunication distribution undertakings listed in the appendix to the decision, from September 1, 2000, to February 28, 2001.

2000-378 August 31, 2000

Oluksaktok Broadcasting Society
Holman Island, Northwest Territories

Renewed — Broadcasting licence for the radiocommunication distribution undertaking serving Holman Island, from September 1, 2000, to February 28, 2001.

[37-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-125

Regulatory Amendments to Implement a Revised Definition of a Canadian Program

The Commission hereby announces that it has made amendments to the Television Broadcasting Regulations, 1987, Pay Television Regulations, 1990, and Specialty Services Regulations, 1990 thereby giving effect to revisions to the definition of a Canadian program. The revisions, as adopted by the Commission in Public Notice CRTC 2000-42, are necessary to implement certain aspects of the new television policy set out in Public Notice CRTC 1999-97.

The amendments, adopted as proposed, will take effect on September 1, 2000. The amendments are set out in Regulations Amending Certain Regulations Made by the Canadian Radio-television and Telecommunications Commission.

The Commission called for comments on the proposed amendments in Public Notice CRTC 2000-86. The deadline for the receipt of comments, as extended by the Commission in Public Notice CRTC 2000-86-1, was August 21, 2000. The Commission acknowledges those who filed comments in response to the call and thanks them for their interest.

August 31, 2000

[37-1-o]

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2000-126

1. Aboriginal Peoples Television Network (APTN)
Across Canada

To amend the national Aboriginal programming network licence of APTN.

Deadline for intervention: October 5, 2000

August 31, 2000

[37-1-o]

NAFTA SECRETARIAT

REQUEST FOR PANEL REVIEW

Corrosion-resistant Carbon Steel Flat 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 August 18, 2000, a first Request for Panel Review of the Final Results of the Full Sunset Review of the Antidumping Duty Order made by United States Department of Commerce, International Trade Administration, respecting Certain Corrosion-resistant Carbon Steel Flat Products from Canada, was filed by counsel for Dofasco, Inc. with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the North American Free Trade Agreement.

The final results were published in the Federal Register, on August 2, 2000 [65 Fed. Reg. 47379].

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 September 18, 2000);
(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 October 2, 2000);
(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-00-1904-08, should be filed with the United States Secretary at the NAFTA Secretariat, U.S. Section, Commerce Building, Suite 2061, 14th and Constitution Avenues N.W., Washington, DC United States 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

[37-1-o]

YUKON TERRITORY WATER BOARD

YUKON WATERS ACT

Public Hearing

Pursuant to subsections 21(2), 23(1) and 23(2) of the Yukon Waters Act, the Yukon Territory Water Board will hold a public hearing on the following application for a water licence amendment on October 18, 2000, at Whitehorse, Yukon.

Number Type Applicant Water source
QZ97-025 Quartz Mining Sa Dena Hes Operating Corporation Wells in the Upper False Canyon Creek drainage area

Interested persons may review the application and obtain copies of the Board's Rules of Procedure for Public Hearings at the Water Board office located at 419 Range Road, Suite 106, Whitehorse, Yukon Y1A 3V1, (867) 667-3980 (Telephone), (867) 668-3628 (Facsimile).

Any person who wishes to make representation in connection with this matter shall file with the Board by 12 p.m., October 6, 2000, a signed notice of intent to intervene setting out a clear statement of their position and whether or not they intend to appear and make presentations at the public hearing.

If no notice of intent to intervene is received by the intervention deadline, the Board may cancel the public hearing.

BRIAN LENDRUM
Chairman

[37-1-o]


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).