Canada Gazette, Part I, Volume 155, Number 33: COMMISSIONS
August 14, 2021
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Upholstered domestic seating — Decisions
On August 3, 2021, pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) has terminated the subsidy investigation in respect of certain upholstered domestic seating originating in or exported from China by Anji Hengrui Furniture Co., Ltd., Anji Hengyi Furniture Co., Ltd., Dongguan Tianhang Furniture Co., Ltd., Foshan DOB Furniture Co., Ltd., Foshan Xingpeichong Huitong Furniture Co., Ltd., Gu Jia Intelligent Household Jiaxing Co., Ltd., Haining Fanmei Furniture Co., Ltd., (Hangzhou) Huatong Industries Inc., HTL Furniture (China) Co., Ltd., HTL Furniture (Huai An) Co., Ltd., Jiaxing Motion Furniture Co., Ltd., Man Wah Furniture Manufacturing (Huizhou) Co., Ltd., Natuzzi (China) Ltd., Ruihao Furniture MFG Co., Ltd., Shanghai Trayton Furniture Co., Ltd., and Violino Furniture (Shenzhen) Ltd., and in respect of certain upholstered domestic seating originating in or exported from Vietnam by Delancey Street Furniture Vietnam Co., Ltd., Koda Saigon Co., Ltd., Timberland Co., Ltd., UE Vietnam Co., Ltd., Vietnam Hang Phong Furniture Company Limited, Wanek Furniture Co., Ltd., and Wendelbo SEA JSC due to no subsidy or insignificant amounts of subsidy.
On the same day, pursuant to paragraph 41(1)(b) of SIMA, the CBSA has made final determinations of dumping and subsidizing of certain upholstered domestic seating from China and Vietnam, with respect to exporters for which the investigations have not been terminated.
The subject goods are usually classified under the following tariff classification numbers:
- 9401.40.00.00
- 9401.61.10.10
- 9401.61.10.90
- 9401.71.10.10
- 9401.71.10.90
The Canadian International Trade Tribunal (CITT) inquiry into the question of injury to the Canadian industry is continuing, and the CITT will issue its decision by September 2, 2021. Provisional duty will continue to be imposed on the subject goods from China and Vietnam until the CITT renders its decision. However, provisional countervailing duty will no longer be imposed on imports of goods of the same description as the goods in respect of which the subsidizing investigation has been terminated. Any provisional duty paid or security posted will be refunded, as appropriate.
If the CITT finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, antidumping duty and/or countervailing duty will be applied to future importations of the subject goods. In that event, the importer in Canada shall pay such duties.
The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties.
Information
The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website.
Ottawa, August 3, 2021
Doug Band
Director General
Trade and Anti-dumping Programs Directorate
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEAL
Notice No. HA-2021-006
The Canadian International Trade Tribunal will hold a public hearing to consider the appeal referenced hereunder. This hearing will be held via videoconference. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca at least two business days before the commencement of the hearing to register and to obtain further information.
| Date of Hearing | September 9, 2021 |
|---|---|
| Appeal No. | AP-2020-029 |
| Good in Issue | Philips Saeco espresso machine descaler, Product No. CA6700/47 |
| Issue | Whether the good in issue is properly classified under tariff item No. 3402.20.90 as "other cleaning preparations put up for retail sale", as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 3824.90.00 (year 2016) or 3824.99.00 (years 2017–2019) as "other chemical products and preparations of the chemical or allied industries, not elsewhere specified or included". |
| Tariff Items at Issue | Philips Electronics Ltd.—3824.90.00 (year 2016) or 3824.99.00 (years 2017–2019) President of the Canada Border Services Agency—3402.20.90 |
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Alarm systems, hazard detecting
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-096) on July 30, 2021, with respect to a complaint filed by Visiontec (2008) Ltd. (Visiontec), of Mississauga, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. 21120-203664/A) by the Department of Public Works and Government Services (PWGSC) on behalf of the Correctional Service of Canada. The solicitation was for two full-body X-ray scanners.
Visiontec alleged that PWGSC unfairly barred it from submitting a proposal in response to the solicitation on the basis of an alleged appearance of conflict of interest.
Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was valid, in part.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, July 30, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Certain container chassis
Notice is hereby given that, on August 9, 2021, pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal determined that there is evidence (Preliminary Injury Inquiry No. PI-2021-002) that discloses a reasonable indication that the dumping and subsidizing of container chassis and container chassis frames, whether finished or unfinished, assembled or unassembled, regardless of the number of axles, for the carriage of containers, or other payloads (including self-supporting payloads) for road, marine roll-on/roll-off and/or rail transport, and certain subassemblies of container chassis, originating in or exported from the People's Republic of China, have caused injury to the domestic industry. The full product description of the aforementioned goods is set out in the Tribunal's preliminary determination of injury.
Ottawa, August 9, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Diesel engines and components
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2021-007) on August 3, 2021, with respect to a complaint filed by Wärtsilä Canada Incorporated (Wärtsilä) of Mount Pearl, Newfoundland and Labrador, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. F6855-210015/A) made by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the provision of engine parts for the CCGS Cygnus and CCGS Cape Roger.
Wärtsilä alleged that the contract was awarded to a bidder who did not comply with a mandatory requirement.
Pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Tribunal dismissed the complaint and terminated all proceedings relating thereto.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, August 3, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Refrigeration, air conditioning, and air circulating equipment
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2020-098) on August 6, 2021, with respect to a complaint filed by Aqua Valley Water (AVW) of Coldbrook, Nova Scotia, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. W0102-22001D/A) made by the Department of Public Works and Government Services for the Department of National Defence. The solicitation was for the supply and delivery of bottled water, rental of water coolers and cleaning/maintenance of machines.
AVW alleged it was misled by the procuring entity.
Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was valid.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, August 6, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Vessels, miscellaneous
Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File No. PR-2021-006) on August 3, 2021, with respect to a complaint filed by Wärtsilä Canada Incorporated (Wärtsilä), of Mount Pearl, Newfoundland and Labrador, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement (Solicitation No. F7049-200079/A) by the Department of Public Works and Government Services on behalf of the Department of Fisheries and Oceans. The solicitation was for the VLE dry-docking of the CCGS Cape Roger and CCGS Cygnus.
Wärtsilä alleged that the contract was awarded to a bidder who did not comply with a mandatory requirement.
Pursuant to paragraph 10(a) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Tribunal dismissed the complaint and terminated all proceedings relating thereto.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, August 3, 2021
CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY OF FINDING
(E-REGISTRY SERVICE PILOT PROJECT)
Welded large diameter carbon and alloy steel line pipe
The Canadian International Trade Tribunal hereby gives notice, pursuant to subsection 76.03(2) of the Special Import Measures Act, that its finding made on October 20, 2016, in Inquiry No. NQ-2016-001, concerning the dumping of welded large diameter carbon and alloy steel line pipe with an outside diameter greater than 24 inches (609.6 mm), and less than or equal peto 60 inches (1 524 mm), regardless of wall thickness, length, surface finish (coated or uncoated), end finish (plain end or bevelled end), or stencilling and certification (including multiple-stencilled/multiple-certified line pipe for oil and gas transmission and other applications), originating in or exported from the People's Republic of China (China) and Japan, and the subsidizing of the above-mentioned goods originating in or exported from China, is scheduled to expire (Expiry No. LE-2021-002) on October 19, 2021, unless the Tribunal has initiated an expiry review.
For greater certainty, the product definition includes
- (a) line pipe produced to American Petroleum Institute (API) specification 5L, in Grades A25, A, B and X up to and including X100, or equivalent specifications and grades, including specification CSA Z245.1 up to and including Grade 690;
- (b) unfinished line pipe (including pipe that may or may not already be tested, inspected, and/or certified to line pipe specifications) originating in China and Japan, and imported for use in the production or finishing of line pipe meeting final specifications, including outside diameter, grade, wall thickness, length, end finish, or surface finish; and
- (c) non-prime and secondary pipes (“limited service products”).
The full list of goods excluded by the Tribunal's finding in the above-mentioned inquiry and by its order in Interim Review No. RD-2020-003 can be found in Appendix A of this notice of expiry of finding.
Interested firms, organizations, persons or governments wishing to make submissions on whether an expiry review is warranted must file a Form I — Notice of Participation with the Tribunal on or before August 23, 2021. Each counsel who intends to represent a party in these proceedings must file a Form II — Notice of Representation and a Form III — Declaration and Undertaking with the Tribunal on or before August 23, 2021. The forms can be found, in English and in French, on the Tribunal's website.
The deadline for filing submissions is August 31, 2021, at noon, ET. If there are opposing views, each party may file a response no later than September 9, 2021, at noon, ET. Counsel and self-represented participants are required to serve their respective submissions on each other at the same time as they file them with the Tribunal.
Submissions should include concise argument and supporting evidence concerning
- the likelihood of continued or resumed dumping and subsidizing of the goods;
- the likely volume and price ranges of dumped and subsidized imports if dumping and subsidizing were to continue or resume;
- the domestic industry's recent performance, including supporting data and statistics showing trends in production, sales, market share, domestic prices, costs and profits;
- the likelihood of injury to the domestic industry if the finding is allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped and subsidized imports on the industry's future performance;
- any other developments affecting, or likely to affect, the performance of the domestic industry;
- changes in circumstances, domestically or internationally, including changes in the supply of or demand for the goods, and changes in trends in, and sources of, imports into Canada; and
- any other matter that is relevant.
Anyone who provides information to the Tribunal and who wishes some or all of the information to be kept confidential must, among other things, submit a non-confidential edited version or summary, or a statement indicating why such a summary cannot be made. For more information, please see the Tribunal's Confidentiality Guidelines, available in English and French on its website.
Documents should be filed electronically through the Tribunal's Secure E-filing Service. Only one electronic copy is required.
Following receipt of Forms I — Notice of Participation, Forms II — Notice of Representation and Forms III — Declaration and Undertaking, the Tribunal will send to counsel and self-represented participants a letter with information on the E-registry Service and the filing of documents.
The Tribunal will decide by September 27, 2021, on whether an expiry review is warranted. If not warranted, the finding will expire on its scheduled expiry date. If the Tribunal decides to initiate an expiry review, it will issue a notice of expiry review.
The Tribunal's Expiry Review Guidelines, available in English and French, can be found on its website.
Enquiries regarding this notice should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca. It is also possible to reach the Registry by telephone at 613‑993‑3595.
Ottawa, August 6, 2021
| August 6, 2021 | Distribution of notice of expiry of finding and schedule |
|---|---|
| August 23, 2021 | Notices of participation and of representation, and declarations and undertakings |
| August 31, 2021, by noon, ET | Submissions requesting or opposing the initiation of an expiry review |
| September 9, 2021, by noon, ET | Reply submissions |
| September 27, 2021 | Decision issued |
| October 13, 2021 | Statement of reasons issued (if required) |
APPENDIX A — EXCLUSIONS
Goods excluded by the Tribunal in Inquiry No. NQ-2016-001
- ASME SA 672 or ASME SA 691 electric-fusion welded steel pipe as certified under the ASME “Boiler and Pressure Vessel Code” rules (and stencilled with at least one of the aforementioned standards), of a length not to exceed 15 feet (4.572 m), for use other than in a CSA Z-662 pipeline application and imported with authorized inspection certificates and applicable ASME Partial Data Reports;
- Line pipe, regardless of grade, outside diameter and wall thickness, single stencilled as “DNV-OS-F101” for exclusive use in offshore applications and marked “For Offshore Applications Only”;
- Submerged arc longitudinal welded line pipe, regardless of grade, outside diameter and wall thickness, in lengths of 60 feet (18.288 m) with no girth welds for exclusive use in slurry or tailings piping systems in oil sands projects and marked “For Use as Slurry/Tailings Pipe Only”; for greater certainty, use in a pipeline meeting CSA Z-662 or as pressure piping meeting CSA B51 Code is not permitted under this exclusion; and
- Submerged arc longitudinal welded line pipe, regardless of outside diameter, wall thickness and length, for exclusive use in high-temperature steam distribution pipelines and marked “For Steam Distribution Only”, certified to meet the requirements of CSA Z662-15 Clause 14 and/or Annex I and certified to have proven fatigue/creep test properties as provided in sections I.2.3.2 and I.3.2.1 of CSA Z662-15 as established by means of a creep test of no less than 10 000 hours carried out in accordance with ASTM E139.
Goods excluded by the Tribunal in Interim Review No. RD-2020-003
- Longitudinally submerged arc welded line pipe with a double submerged arc weld, stencilled with grade API 2B whether or not stencilled to any other grade, regardless of outside diameter, with wall thicknesses greater than 1 in. for exclusive use in production of debarker rotors and marked “For Use in Production of Debarker Rotor Only”.
CANADIAN INTERNATIONAL TRADE TRIBUNAL
ORDERS
Refined sugar
Notice is hereby given that, on August 6, 2021, pursuant to paragraph 76.03(12)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal continued its order (Expiry Review No. RR-2020-003) in respect of the dumping of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form, originating in or exported from Denmark, the Federal Republic of Germany, the Netherlands and the United Kingdom, and the subsidizing of the aforementioned goods originating in or exported from the European Union. Pursuant to subsection 76.04(1) of the Special Import Measures Act, the Canadian International Trade Tribunal also continued its order in respect of the dumping of the aforementioned goods originating in or exported from the United States of America. The goods excluded from the Tribunal's orders are listed in Appendix 1 to the orders.
Ottawa, August 6, 2021
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (2011), in Part 1 applications, these documents may be examined at the Commission's office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission's website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission's original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
PART 1 APPLICATIONS
The following applications for renewal or amendment, or complaints were posted on the Commission's website between July 23 and August 5, 2021.
| Application filed by | Application number | Undertaking | City | Province | Deadline for submission of interventions, comments or replies |
|---|---|---|---|---|---|
| Canadian Broadcasting Corporation | 2021-0501-4 and 2021-0502-2 | CBMF-FM and CBF-FM-14 | Mont-Tremblant | Quebec | August 30, 2021 |
| CKUA Radio Foundation | 2021-0506-4 | CKUA-FM-13 | Drumheller | Alberta | August 27, 2021 |
| Applicant's name | Undertaking | City | Province | Date of decision |
|---|---|---|---|---|
| Canadian Hellenic Toronto Radio Inc. | CHTO and CHTO-1 | Toronto and Mississauga | Ontario | July 23, 2021 |
| 2251723 Ontario Inc. | Cable distribution undertaking | Multiple locations | Ontario | August 2, 2021 |
| 2251723 Ontario Inc. | Cable distribution undertaking | Multiple locations | Quebec | August 2, 2021 |
| Decision number | Publication date | Applicant's name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2021-243 | July 30, 2021 | Radio Ntetemuk inc. | Innu-, French- and English-language Indigenous (Type B Native) FM radio station | Pessamit | Quebec |
| 2021-247 | August 2, 2021 | Acadia Broadcasting Corporation | Various licensed broadcasting undertakings | Various locations | Ontario, New Brunswick and Nova Scotia |
| 2021-248 | August 2, 2021 | Muskoday Community Radio Corporation | Low-power English- and Cree-language Indigenous radio station | Muskoday | Saskatchewan |
| 2021-250 | August 3, 2021 | Quebecor Media Inc., on behalf of Videotron Ltd. | Ici Tou.tv Extra | Across Canada | |
| 2021-264 | August 4, 2021 | Canadian Broadcasting Corporation | CBZB-FM | Fredericton and Boiestown | New Brunswick |
| 2021-266 | August 5, 2021 | Canadian Broadcasting Corporation | Various television and radio stations | Across Canada |