Vol. 150, No. 34 — August 20, 2016

COMMISSIONS

CANADIAN INTERNATIONAL TRADE TRIBUNAL

APPEALS

Notice No. HA-2016-010

The Canadian International Trade Tribunal (the Tribunal) will hold a public hearing to consider the appeals referenced hereunder. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, 333 Laurier Avenue West, 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

CDC Foods v. President of the Canada Border Services Agency

Date of Hearing

September 20, 2016

Appeal Nos.

AP-2015-035 and AP-2016-015

Goods in Issue

Non-fat yogurt, ice cream and cappuccino mixes

Issue

Whether the goods in issue are properly classified under tariff item No. 1901.90.33, within access commitment, or tariff item No. 1901.90.34, over access commitment, as other food preparations of goods of heading Nos. 04.01 to 04.04, containing more than 10 percent by weight of milk solids but less than 50 percent on a dry weight basis of milk solids, not put up for retail sale, or under tariff item No. 1901.90.53, within access commitment, or tariff item No. 1901.90.54, over access commitment, as other food preparations of goods of heading Nos. 04.01 to 04.04, containing 50 percent or more on a dry weight basis of milk solids, not put up for retail sale, as determined by the President of the Canada Border Services Agency, or should be classified under tariff item No. 2106.90.95 as other preparations containing, in the dry state, over 10 percent by weight of milk solids but less than 50 percent by weight of dairy content, as claimed by CDC Foods.

Tariff Items at Issue

CDC Foods—2106.90.95

President of the Canada Border Services Agency—1901.90.33, 1901.90.34, 1901.90.53 or 1901.90.54

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Communications, detection and fibre optics

Notice is hereby given that, after completing its inquiry, the Canadian International Trade Tribunal (the Tribunal) made a determination (File No. PR-2015-070) on August 10, 2016, with respect to a complaint filed by M.D. Charlton Co. Ltd. (M.D. Charlton), of Victoria, British Columbia, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.), concerning a procurement by the Department of Public Works and Government Services (PWGSC) on behalf of the Royal Canadian Mounted Police. The solicitation was for night vision binoculars.

M.D. Charlton alleged that the national security exception was improperly invoked to remove the procurement process from the disciplines of the trade agreements. M.D. Charlton also alleged that the solicitation requirements favoured a specific supplier.

Having examined the evidence presented by the parties and considered the provisions of the Agreement on Internal Trade, the North American Free Trade Agreement, the Agreement on Government Procurement, the Canada-Chile Free Trade Agreement, the Canada-Peru Free Trade Agreement, the Canada-Colombia Free Trade Agreement, the Canada-Panama Free Trade Agreement and the Canada-Honduras Free Trade Agreement, the Tribunal determined that the complaint was valid.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 10, 2016

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

DETERMINATION

Gypsum board

Notice is hereby given that, on August 5, 2016, pursuant to subsection 37.1(1) of the Special Import Measures Act, the Canadian International Trade Tribunal determined that there was evidence that disclosed a reasonable indication that the dumping of gypsum board, sheet, or panel (“gypsum board”) originating in or exported from the United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories, composed primarily of a gypsum core and faced or reinforced with paper or paperboard, including gypsum board meeting or supplied to meet ASTM C 1396 or ASTM C 1396M or equivalent standards, regardless of end use, edge-finish, thickness, width, or length, excluding (a) gypsum board made to a width of 54 inches (1,371.6 mm); (b) gypsum board measuring 1 inch (25.4 mm) in thickness and 24 inches (609.6 mm) in width regardless of length (commonly referred to and used as “paper-faced shaft liner”); (c) gypsum board meeting ASTM C 1177 or ASTM C 1177M (commonly referred to and used primarily as “glass fiber re-enforced sheathing board” but also sometimes used for internal applications for high mold/moisture resistant applications); (d) double layered glued paperfaced gypsum board (commonly referred to and used as “acoustic board”); and (e) gypsum board meeting ISO16000-23 for sorption of formaldehyde, had caused injury or was threatening to cause injury to the domestic industry (Preliminary Injury Inquiry No. PI-2016-001).

Ottawa, August 5, 2016

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CANADIAN INTERNATIONAL TRADE TRIBUNAL

INQUIRY

Quality control, testing, inspection and technical representative services

The Canadian International Trade Tribunal (the Tribunal) has received a complaint (File No. PR-2016-026) from Caduceon Environmental Laboratories (Caduceon) of Kingston, Ontario, concerning a procurement (Solicitation No. E6TOR-15RM11/A) by the Department of Public Works and Government Services (PWGSC). The solicitation is for the provision of commercial testing laboratory 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 made a decision on August 8, 2016, to conduct an inquiry into the complaint.

Caduceon alleges that PWGSC used undisclosed criteria when evaluating the bids and that it awarded the contract to a non-compliant bidder.

Further information may be obtained from the Registrar, Canadian International Trade Tribunal Secretariat, 333 Laurier Avenue West, 15th Floor, Ottawa, Ontario K1A 0G7, 613-993-3595 (telephone), 613-990-2439 (fax), citt-tcce@tribunal.gc.ca (email).

Ottawa, August 10, 2016

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CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

NOTICE TO INTERESTED PARTIES

The Commission posts on its Web site the decisions, notices of consultation and regulatory policies that it publishes, as well as information bulletins and orders. On April 1, 2011, the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure came into force. As indicated in Part 1 of these Rules, some broadcasting applications are posted directly on the Commission’s Web site, www.crtc.gc.ca, under “Part 1 Applications.”

To be up to date on all ongoing proceedings, it is important to regularly consult “Today’s Releases” on the Commission’s Web site, which includes daily updates to notices of consultation that have been published and ongoing proceedings, as well as a link to Part 1 applications.

The following documents are abridged versions of the Commission’s original documents. The original documents contain a more detailed outline of the applications, including the locations and addresses where the complete files for the proceeding may be examined. These documents are posted on the Commission’s Web site and may also be examined at the Commission’s offices and public examination rooms. Furthermore, all documents relating to a proceeding, including the notices and applications, are posted on the Commission’s Web site under “Public Proceedings.”

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

PART 1 APPLICATIONS

The following applications for renewal or amendment, or complaints were posted on the Commission’s Web site between August 5 and August 11, 2016.

Application filed by

Application number

Undertaking

City

Province

Deadline for submission of interventions, comments or replies

Radio Rimouski inc.

2016-0795-4

CFYX-FM

Rimouski

Quebec

September 6, 2016

ADMINISTRATIVE DECISIONS

Applicant’s name

Undertaking

City

Province

Date of decision

CKRT-TV ltée

Various undertakings

Various locations

Quebec

July 28, 2016

RNC MEDIA Inc.

Various undertakings

Various locations

Quebec

July 28, 2016

DECISIONS

Decision number

Publication date

Applicant’s name

Undertaking

City

Province

2016-310

August 5, 2016

Bell Media Inc.

MuchLoud

Across Canada

 

2016-311

August 5, 2016

Bell Media Inc.

MuchVibe

Across Canada

 

2016-312

August 5, 2016

Bell Media Inc.

Juicebox

Across Canada

 

2016-322

August 10, 2016

Newcap Inc.

CKSA-DT and CKSA-TV-2

Lloydminster and Bonnyville

Alberta

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