Government of Canada
Symbol of the Government of Canada


Vol. 135, No. 29 — July 21, 2001

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

EXPIRY REVIEW OF FINDING

Fresh Garlic

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-2001-001) of its finding made on March 21, 1997, in Inquiry No. NQ-96-002, concerning fresh garlic originating in or exported from the People's Republic of China, imported into Canada between July 1 and December 31 of each calendar year.

Notice of Expiry No. LE-2001-001, issued on May 18, 2001, informed interested persons and the government of the People's Republic of China of the impending expiry of the finding. On the basis of available information, including representations requesting the initiation of an expiry review received by the Tribunal in reply to the notice, the Tribunal is of the opinion that a review of the finding is warranted. The Tribunal has notified the Commissioner of the Canada Customs and Revenue Agency (the Commissioner), as well as other interested persons and the government of the People's Republic of China, 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 finding in respect of fresh garlic is likely to result in the continuation or resumption of dumping of the goods.

If the Commissioner determines that the expiry of the finding 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 to the domestic industry.

If the Commissioner determines that the expiry of the finding 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 finding with respect to those goods.

The Commissioner must provide notice of his determination, with reasons to follow, within 120 days after receiving notice of the Tribunal's decision to initiate an expiry review, that is, no later than November 6, 2001. 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 persons with a known interest in the expiry review and the government of the People's Republic of China 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 finding 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, on behalf of the Commissioner, has sent expiry review questionnaires to exporters, importers and domestic producers. Other persons having an interest in the Commissioner's investigation may also provide submissions to the Commissioner. These must be received by August 27, 2001, in order to be given consideration by the Commissioner.

Tribunal's Inquiry

Should the Commissioner determine that the expiry of the finding 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, to determine if there is a likelihood of material injury or retardation.

For the purposes of its inquiry, the Tribunal will ask the questionnaire respondents in Tribunal Inquiry No. NQ-2000-006 to authorize the Tribunal to put their responses and related correspondence on the record of the expiry review. The Tribunal may decide not to collect information through additional questionnaires. The schedule for the Tribunal's inquiry specifies, among other things, 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 representation and the dates for the filing of submissions by parties.

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

If necessary, the Tribunal will hold a public hearing relating to this expiry review in the Tribunal Hearing Room, 18th floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on January 28, 2002, 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 November 27, 2001. 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 November 27, 2001.

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. Roger E. Duprat, 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) 952-1963 (Telephone), (613) 954-2510 (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/index-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, July 9, 2001

MICHEL P. GRANGER
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

NOTICE NO. HA-2001-003

Appeals

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, Standard Life Centre, 18th Floor, 333 Laurier Avenue West, 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.

Customs Act

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

August 2001


Date
Appeal
Number

Appellant
13 AP-2000-047 Imation Canada Inc.
Goods in Issue: Laser Imaging Films
Dates of Entry: February 7 to June 12, 1997
Tariff Items at Issue
Appellant: Code 2546
Respondent: 3701.30.20
14 AP-2000-057 Intersave West Buying and
Merchandising Services
Goods in Issue: Coconut Milk
Dates of Entry: January 6, 1998, to January 8, 1999
Tariff Items at Issue
Appellant: 2009.80.19 or 2008.99.90
Respondent: 2106.90.99
16 AP-2000-050
Costco Canada Inc.
Goods in Issue: Jumbo Artist Case (MC 196) and Art
Studio (MC 1300)
Dates of Entry: October 17, 1997, to June 23, 1998
Tariff Items at Issue
Appellant: 9503.70.90
Respondent: 9609.90.00

July 12, 2001

By Order of the Tribunal

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, 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.

2001-388 July 9, 2001

Le Réseau des Sports (RDS) inc.
Across Canada

Approved — Request to suspend the application of the conditions of licence on sex-role portrayal and the depiction of violence in television programming.

2001-389 July 9, 2001

Native Communication Inc.
Thompson and Long Plain Indian Reserve, Manitoba

Approved — Addition of a transmitter at Long Plain Indian Reserve.

2001-390 July 9, 2001

Radio Nord Communications inc.
Hull, Quebec

Approved — Application to change the transmitter channel for CFGS-TV Hull from 49 to 34 and increase of the effective radiated power of its transmitter from 17 600 watts to 117 000 watts.

2001-391 July 9, 2001

Central Broadcasting Company Limited
Prince Albert and Waskesiu Lake, Saskatchewan

Approved — Addition of a transmitter at Waskesiu Lake.

2001-392 July 9, 2001

West Coast Community T.V. Association
Tofino, British Columbia

Approved — Addition of a transmitter for the distribution, in non-encrypted mode, of CFMI-FM New Westminster.

2001-393 July 9, 2001

West Coast Community T.V. Association
Ucluelet, British Columbia

Approved — Addition of a transmitter for the distribution, in non-encrypted mode, of CFMI-FM New Westminster.

2001-394 July 9, 2001

Regional Cablesystems Inc.
Sudbury, Timmins, etc., Ontario

Approved — Application to insert certain promotional material in the local availabilities of U.S. satellite services.

2001-395 July 9, 2001

1158556 Ontario Ltd.
Timmins, Ontario and Vancouver, British Columbia

Denied — Request to add a low-power transmitter of CHIM-FM Timmins at Vancouver.

2001-397 July 11, 2001

Across Canada

Renewed — Broadcasting licences for the radiocommunication distribution undertakings listed in the appendix of the integral version of this decision, from September 1, 2001, to August 31, 2002.

2001-400 July 13, 2001

Community Communications Co-operative Ltd.
Rose Valley, Saskatchewan

Revocation of the licence for the radiocommunication distribution undertaking authorized to serve Rose Valley.

2001-401 July 13, 2001

Lac-Sat Communications Ltd.
Lac La Biche, Alberta

Revocation of the licence for the radiocommunication distribution undertaking authorized to serve Lac La Biche.

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-74-1

1. Drummondville, Grand-Mère, Nicolet, Rimouski, Saint-Hyacinthe, Sainte-Adèle and Trois-Rivières, Quebec

The Commission hereby corrects Public Notice CRTC 2001-74, dated June 29, 2001. In that public notice, the applicant's name should have read "COGECO CÂBLE CANADA INC. on behalf of Cogeco Câble Estrie Inc., Cogeco Câble Mauricie Inc., Cogeco Câble Nicolet Inc., Cogeco Câble Rimouski Inc., Cogeco Câble Montérégie Inc., Cogeco Câble Laurentides Inc. and Cogeco Câble Trois-Rivières Inc."

July 9, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-77

1. CTV Inc.
Montréal, Quebec

Authority to acquire control of CF Television Inc. by acquiring all of the issued and outstanding shares (35 000 100 common voting shares) of CF Television Inc., licensee of CFCF-TV Montréal, Quebec.

Deadline for intervention: August 10, 2001

July 11, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-78

Call for Applications for a Broadcasting Licence to Carry on a Radio Programming Undertaking to Serve Québec, Quebec

The Commission announces that it has received applications for a broadcasting licence to provide an FM radio service to serve Québec, Quebec.

The Commission hereby calls for applications from other parties wishing to obtain such a licence. Persons interested in responding to this call must submit a formal application to the Commission no later than September 11, 2001. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the licensing of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 2001-312.

3. The expected audience of the proposed service.

4. The means by which the applicant will promote the development of Canadian talent, including local and regional talent.

5. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates.

6. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing."

The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-378, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written interventions to the CRTC.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

July 11, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-79

Call for Applications for a Broadcasting Licence to Carry on a Radio Programming Undertaking to Serve Winnipeg, Manitoba

The Commission announces that it has received applications for a broadcasting licence to provide FM radio services to serve Winnipeg, Manitoba.

The Commission hereby calls for applications from other parties wishing to obtain such a licence. Persons interested in responding to this call must submit a formal application to the Commission no later than September 11, 2001. Applicants are also required to submit all necessary technical documentation to the Department of Industry by the same date.

It should be noted that, in making this call, the Commission has not reached any conclusion with respect to the licensing of such a service, nor should it necessarily be construed that the Commission will, by virtue of having called for applications, authorize such a service at this time.

Applicants will be required to provide evidence giving clear indication that there is a demand and a market for the station and the proposed service. Without restricting the scope of the issues to be considered, the following should be addressed:

1. The contribution that the proposed service will make to achieving the objectives established in the Broadcasting Act and, in particular, to the production of local and regional programming.

2. The factors relevant to the evaluation of applications, as outlined in Decision CRTC 2001-312.

3. The expected audience of the proposed service.

4. The means by which the applicant will promote the development of Canadian talent, including local and regional talent.

5. An analysis of the markets involved and potential advertising revenues, taking into account the results of any survey undertaken supporting the estimates.

6. Evidence as to the availability of financial resources consistent with the requirements established in the financial projections of the applicant's business plan. For the convenience of applicants, the Commission has available upon request a document entitled "Documentation Required by the Commission to Support the Availability of an Applicant's Proposed Financing."

The Commission also reminds applicants that they must comply with the eligibility requirements set out in the Direction to the CRTC (Ineligibility of Non-Canadians), SOR/97-192, dated April 8, 1997, as amended by SOR/98-378, dated July 15, 1998, and the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), SOR/85-627, dated June 27, 1985, as amended by SOR/97-231, dated April 22, 1997.

The Commission will announce at a later date the public process for considering applications and where they may be examined by the public. As part of that process, the public will be given the opportunity to comment on any application by submitting written interventions to the CRTC.

Notice of each application will also be published in newspapers of general circulation within the area to be served.

July 11, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-80

1. La radio communautaire inter-génération, jardin du Québec Saint-Rémi, Quebec

To increase the effective radiated power of CHOC-FM from 0.8 watts to 200 watts.

Deadline for intervention: August 6, 2001

July 12, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-81

The Commission has received the following applications:

1. The Comedy Network Inc.
Across Canada

To amend the national English-language specialty television service.

2. CHCQ Ltd.
Belleville, Ontario

To decrease effective radiated power for CHCQ-FM from 40 000 watts to 21 000 watts and to relocate its transmitter to a site to the northwest of Belleville (Seaway).

3. Haliburton Broadcasting Group Inc.
Bracebridge, Ontario

To change the frequency for CFBG-FM from 100.9 MHz (channel 265A) to 99.5 MHz (channel 258B) and to increase the effective radiated power from 2 900 watts to 12 000 watts.

4. Haliburton Broadcasting Group Inc.
Sudbury, Ontario

To decrease the effective radiated power for CHNO-FM from 100 000 watts to 11 000 watts and to relocate its transmitter to a site approximately 2.9 km to the northeast from the authorized site.

5. Canadian Broadcasting Corporation
Grand Rapids, Manitoba

To delete the transmitter CBWHT-1 Grand Rapids, which has been operating on channel 15 and is no longer needed.

6. Natotawin Broadcasting Inc.
North Battleford, Saskatchewan

To change the frequency for VF2331 from 94.7 MHz (channel 234LP) to 95.5 MHz (channel 238B) and to increase the effective radiated power from 49 watts to 28 000 watts.

Deadline for intervention: August 17, 2001

July 13, 2001

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PUBLIC NOTICE 2001-82

Revised Lists of Eligible Satellite Services

In this notice, the Commission sets out revised lists of eligible satellite services. The lists replace those contained in Public Notice CRTC 2000-143 dated October 18, 2000. The principal change is the inclusion of a new list, in Appendix D, entitled "List of Part 2, Part 3 and DTH eligible satellite services for digital distribution." All of the services appearing on this new list are non-Canadian, and may be distributed to subscribers on a digital basis only. One further change is the removal from the Part 2, Part 3 and DTH lists of the U.S. service known as TV Food Network. This service is displaced from the lists as a consequence of the licensing of the Canadian specialty service Food Network Canada.

July 13, 2001

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