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Vol. 144, No. 27 — July 3, 2010

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEAL

Notice No. HA-2010-007

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613-998-9908 to obtain further information and to confirm that the hearing will be held as scheduled.

Customs Act

A.M.A. Plastics Ltd. v. President of the Canada Border Services Agency

Date of Hearing: July 27, 2010

Appeal No.: AP-2009-052

Goods in Issue: Blocks of rock wool

Issue: Whether the goods in issue, which are classified under tariff item No. 6806.10.90, are entitled to the benefit of tariff item No. 9903.00.00 as articles and materials which enter into the cost of manufacture or repair of, and are for use in agricultural or horticultural machines of heading No. 84.36.

Tariff Items at Issue: 9903.00.00

June 24, 2010

By order of the Tribunal
DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

COMMENCEMENT OF INQUIRY

Greenhouse bell peppers

Notice was received by the Secretary of the Canadian International Trade Tribunal (the Tribunal) on June 21, 2010, from the Director General of the Trade Programs Directorate at the Canada Border Services Agency, stating that a preliminary determination had been made respecting the dumping of greenhouse bell peppers originating in or exported from the Netherlands (the subject goods).

Pursuant to section 42 of the Special Import Measures Act (SIMA), the Tribunal has initiated an inquiry (Inquiry No. NQ-2010-001) to determine whether the dumping of the above-mentioned goods has caused injury or retardation or is threatening to cause injury, and to determine such other matters as the Tribunal is required to determine under that section.

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

Notices of participation

Each person or government wishing to participate in the inquiry and at the hearing as a party must file a notice of participation with the Secretary on or before July 5, 2010. Each counsel who intends to represent a party in the inquiry and at the hearing must file a notice of representation, as well as a declaration and undertaking, with the Secretary on or before July 5, 2010.

Request for submissions on like goods

In its statement of reasons for the preliminary determination of injury issued on June 7, 2010, the Tribunal found that, based on the information before it, and not having received any submissions from parties on the issue, for the purposes of the preliminary injury inquiry, greenhouse bell peppers produced by the domestic industry constituted like goods in relation to the subject goods. However, the Tribunal stated that, as a preliminary matter to its final injury inquiry, it would seek submissions on the issue of whether like goods should be confined to those produced by the greenhouse method.

In order to come to an advance decision on like goods, the Tribunal is inviting interested parties to file early submissions specifically on this issue.

In particular, parties are asked to present arguments on facts and law on whether field bell peppers constitute like goods to the subject goods.

Subsection 2(1) of SIMA defines “like goods”, in relation to any other goods, as follows:

(a) goods that are identical in all respects to the other goods, or

(b) in the absence of any goods described in paragraph (a), goods the uses and other characteristics of which closely resemble those of the other goods.

Parties are also asked to address factors that the Tribunal may examine in considering these questions, including

  • the physical characteristics of the goods, such as their appearance (size, colour) and quality;
  • the seasonal availability of the goods;
  • the market characteristics of the goods, such as pricing (including how price is determined and relative price levels), and distribution channels, and whether the goods fulfil the same customer needs, including, in particular,
  • whether field bell peppers and greenhouse bell peppers are or could be substitutable in certain applications, and
  • whether the relative prices of field bell peppers and greenhouse bell peppers influence the extent of substitutability; and
  • any other relevant factors.

The Tribunal requests that parties support their submissions with evidence, such as letters from customers who use different types of bell peppers, price lists, and documents describing the physical or market characteristics of the goods.

Parties filing submissions on like goods are required to file 20 copies of their submissions with the Tribunal on July 7, 2010. Parties wishing to respond to these submissions are required to file 20 copies of their reply submissions with the Tribunal on July 14, 2010. Parties are required to serve all submissions on the Tribunal and counsel and parties of record simultaneously. The service list will be provided to all participants on July 6, 2010. The Tribunal will render its decision on like goods no later than July 22, 2010.

The Tribunal will be circulating responses to its Purchasers’ Questionnaire on Market Characteristics on July 7, 2010. Parties will be able to make submissions in relation to those responses in their reply submission on like goods.

Public hearing

A public hearing relating to this inquiry will be held in the Tribunal’s Hearing Room No. 1, 18th Floor, Standard Life Centre, 333 Laurier Avenue W, Ottawa, Ontario, commencing on September 20, 2010, at 9:30 a.m.

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

In the event of an injury finding, a request for a public interest inquiry conducted pursuant to subsection 45(1) of SIMA may be made by any party to the injury inquiry or by any other group or person affected by the injury finding. Such a request must be filed with the Tribunal within 45 days of the injury finding. A public interest inquiry is completely separate from an injury inquiry. However, the Tribunal invites all persons who anticipate that they will have public interest concerns in the event of an injury finding to simply notify the Tribunal by July 5, 2010. The Tribunal is not seeking and does not expect submissions on public interest issues during the injury inquiry.

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.

Along with the notice of commencement of inquiry, the Secretary has sent a letter to domestic growers, importers, foreign producers and certain purchasers with a known interest in the inquiry providing details on the procedures, as well as the schedule for the inquiry. The letter specifies, among other things, the date for filing replies to Tribunal questionnaires, the date on which the information on record will be made available by the Tribunal to interested parties and counsel that have filed notices of participation or representation, and the dates for the filing of submissions by interested parties. Copies of all the questionnaires can be downloaded from the Tribunal’s Web site at www.citt-tcce.gc.ca/question/index_e.asp.

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 finding shall be filed by interested parties no later than noon, on August 24, 2010. Parties opposed or consenting or not opposed to the request for exclusion shall file written reply submissions no later than noon, on September 1, 2010. 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.

Written submissions, correspondence and requests for information regarding this notice 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 (fax), secretary@citt-tcce.gc.ca (email).

Parties and the public may file documents electronically with the Tribunal through its Secure E-filing Service at www.citt-tcce.gc.ca/apps/index_e.asp. The service utilizes the Government of Canada’s epass system, which allows the secure transmission of confidential business information. The information is fully encrypted from the sender to the Tribunal.

However, parties must still file paper copies when instructed to do so. Where a party is required to file hard copies, the electronic version and the hard-copy version must be identical. In case of discrepancies, the hard-copy version will be considered the original.

At the end of these proceedings, the Tribunal will issue a decision supported by a summary of the case, a summary of the arguments and an analysis of the case. The Tribunal’s decision will be posted on its Web site and distributed to the parties and interested persons, as well as to organizations and persons who have registered to receive decisions of the Tribunal.

Written and oral communication with the Tribunal may be in English or in French.

Ottawa, June 22, 2010

DOMINIQUE LAPORTE
Secretary

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

EDP hardware and software

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File Nos. PR-2009-080 to PR-2009-087, PR-2009-092 to PR-2009-102, PR-2009-104 to PR-2009-128) on June 21, 2010, with respect to complaints filed by Enterasys Networks of Canada Ltd. (Enterasys), of Thornhill, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning procurements by the Department of Public Works and Government Services (PWGSC). The solicitations were for the provision of networking equipment.

Enterasys alleged that PWGSC improperly conducted the solicitations noted hereunder.

Pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the following complaints were dismissed for lack of a valid basis:

  • PR-2009-108 — Solicitation No. W0106-09613B/A (RVD 695)
  • PR-2009-118 — Solicitation No. W010S-10D282/A (RVD 711)
  • PR-2009-121 — Solicitation No. W6369-10P5GG/A (RVD 685)

Pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal determined that the following complaint was not valid:

  • PR-2009-100 — Solicitation No. B8217-090660/A (RVD 636)

Pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal determined that the following complaints were valid in part:

  • PR-2009-092 — Solicitation No. 45045-090105/A (RVD 650)
  • PR-2009-093 — Solicitation No. 45045-090104/A (RVD 651)
  • PR-2009-117 — Solicitation No. A0416-094516/B (RVD 707)
  • PR-2009-122 — Solicitation No. B8219-090643/A (RVD 710)

Pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal (Member Vincent dissenting) determined that the following complaints were valid in part:

  • PR-2009-080 — Solicitation No. M9010-104482/A (RVD 631)
  • PR-2009-081 — Solicitation No. W8474-10BF32/A (RVD 640)
  • PR-2009-082 — Solicitation No. 31184-092762/B (RVD 641)
  • PR-2009-083 — Solicitation No. 45045-090096/A (RVD 643)
  • PR-2009-084 — Solicitation No. WA050-106225 (RVD 644)
  • PR-2009-085 — Solicitation No. 21120-108465/A (RVD 645)
  • PR-2009-086 — Solicitation No. 9K001-101037/A (RVD 647)
  • PR-2009-087 — Solicitation No. 9K001-101037/B (RVD 648)
  • PR-2009-094 — Solicitation No. C1111-090828/A (RVD 653)
  • PR-2009-095 — Solicitation No. 45045-090101/A (RVD 662)
  • PR-2009-096 — Solicitation No. W6369-10DE70/A (RVD 663)
  • PR-2009-097 — Solicitation No. 45045-090122/A (RVD 666)
  • PR-2009-098 — Solicitation No. T8086-090909/A (RVD 672)
  • PR-2009-099 — Solicitation No. U6158-097064/A (RVD 680)
  • PR-2009-101 — Solicitation No. EN869-103932/A (RVD 684)
  • PR-2009-102 — Solicitation No. M9010-105184/A (RVD 670)
  • PR-2009-104 — Solicitation No. M9010-105182/A (RVD 669)
  • PR-2009-105 — Solicitation No. 21120-104931/A (RVD 671)
  • PR-2009-106 — Solicitation No. A0416-094512/A (RVD 678)
  • PR-2009-107 — Solicitation No. W6369-10P5FF/A (RVD 688)
  • PR-2009-109 — Solicitation No. 59017-100012/A (RVD 691)
  • PR-2009-110 — Solicitation No. W6369-10P5GG/B (RVD 685)
  • PR-2009-111 — Solicitation No. W8484-108305/A (RVD 692)
  • PR-2009-112 — Solicitation No. W6369-10P5GM (RVD 693)
  • PR-2009-113 — Solicitation No. 23240-103042/A (RVD 697)
  • PR-2009-114 — Solicitation No. EN869-103849/A (RVD 702)
  • PR-2009-115 — Solicitation No. 23240-103817/A (RVD 704)
  • PR-2009-116 — Solicitation No. A0416-094516/A (RVD 706)
  • PR-2009-119 — Solicitation No. FP945-090053/A (RVD 712)
  • PR-2009-120 — Solicitation No. C1111-090957/A (RVD 714)
  • PR-2009-123 — Solicitation No. 84084-090232/A (RVD 708)
  • PR-2009-124 — Solicitation No. M9010-105183/A (RVD 717)
  • PR-2009-125 — Solicitation No. 24062-090345/A (RVD 719)
  • PR-2009-126 — Solicitation No. K7C20-090674/A (RVD 720)
  • PR-2009-127 — Solicitation No. C1111-090959/A (RVD 726)
  • PR-2009-128 — Solicitation No. 84084-090254/B (RVD 699)

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 (fax), secretary@citt-tcce.gc.ca (email).

Ottawa, June 21, 2010

DOMINIQUE LAPORTE
Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

EDF Trading North America, LLC

By an application dated June 14, 2010, EDF Trading North America, LLC (the “Applicant”) has applied to the National Energy Board (the “Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export up to 920 000 MWh of firm energy per year and 470 000 MWh of interruptible energy per year for a period of 10 years. Although the Applicant does not own or operate a power system and does not have any generation or transmission facilities in Canada, the Applicant’s affiliate, EDF Énergies Nouvelles Canada, owns a 20 MW solar generation facility located in Arnprior, Ontario. Additionally, EDF Énergies Nouvelles Canada has an interest in Saint-Laurent Énergies Inc., which intends to develop five wind-powered electricity-generation facilities in Quebec with a total capacity of 954 MW, a 20 MW solar electricity generation project in Elmsley, Ontario, and a 20 MW solar electricity generation project in St. Isidore, Ontario.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at 4700 W. Sam Houston Parkway, N., Suite 250, Houston, Texas, 77041, 281-781-0333 (telephone), 281-781-0360 (fax), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by August 3, 2010.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has

(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

(ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by August 19, 2010.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-299-2714 (telephone) or 403-292-5503 (fax).

ANNE-MARIE ERICKSON
Secretary

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NATIONAL ENERGY BOARD

APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES

Hydro-Québec — Revised and republished

By an application dated February 18, 2010, Hydro-Québec (the “Applicant”) has applied to the National Energy Board (the “Board”), under Division II of Part VI of the National Energy Board Act (the “Act”), for authorization to export up to 30 000 000 MWh of combined firm and interruptible energy annually for a period of 10 years. The applicant, or its affiliates, has an interest in generation facilities, transmission facilities and distribution in Quebec, Canada.

The Board wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that a public hearing be held. The directions on procedure that follow explain in detail the procedure that will be used.

1. The Applicant shall deposit and keep on file, for public inspection during normal business hours, copies of the application at its offices located at 75 René-Lévesque Boulevard W, 17th Floor, Montréal, Quebec H2Z 1A4, Attention: Hélène Cossette, 514-289-3146 (telephone), 514-289-6217 (fax), cossette.helene@hydro.qc.ca (email), and provide a copy of the application to any person who requests one. A copy of the application is also available for viewing during normal business hours in the Board’s library, at 444 Seventh Avenue SW, Room 1002, Calgary, Alberta T2P 0X8, or online at www.neb-one.gc.ca.

2. Submissions that any party wishes to present shall be filed with the Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, 403-292-5503 (fax), and served on the Applicant by August 2, 2010.

3. Pursuant to subsection 119.06(2) of the Act, the Board shall have regard to all considerations that appear to it to be relevant. In particular, the Board is interested in the views of submitters with respect to

(a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

(b) the impact of the exportation on the environment; and

(c) whether the Applicant has

(i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

(ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time of being so informed, demonstrate an intention to buy electricity for consumption in Canada.

4. Any answer to submissions that the Applicant wishes to present in response to items 2 and 3 of this notice of application and directions on procedure shall be filed with the Secretary of the Board and served on the party that filed the submission by August 17, 2010.

5. For further information on the procedures governing the Board’s examination, contact the Secretary of the Board at 403-299-2714 (telephone) or 403-292-5503 (fax).

ANNE-MARIE ERICKSON
Secretary

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PUBLIC SERVICE COMMISSION

PUBLIC SERVICE EMPLOYMENT ACT

Permission granted

The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 115(2) of the said Act, to Scott Reynold Stewart, Automotive Repair Shop Supervisor (GL-VHE-10), Area Support Unit, Department of National Defence, Sault Ste. Marie, Ontario, to allow him to be a candidate, before and during the election period, for the position of Councillor for the Township of Cockburn Island, Ontario, in a municipal election to be held on October 25, 2010.

June 21, 2010

KATHY NAKAMURA
Director General
Political Activities Directorate

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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).

Date Modified: 2010-07-02

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