Trade Tribunal: Ship Disposal and Transformers

Summary#

This Canada Gazette Part I issue lists notices from the Canadian International Trade Tribunal and the Canadian Radio-television and Telecommunications Commission, published on January 8, 2022. Key items include a tribunal decision that a procurement complaint about the disposal of the former vessel CCGS W.E. Ricker was not valid (decision dated December 23, 2021), a finding that dumped transformers from some countries have caused injury (finding dated December 24, 2021), and notices that the tribunal will hold inquiries into two procurement complaints (decisions dated December 16, 2021 and December 14, 2021). The CRTC also posted a batch of applications, consultations and decisions from mid-December 2021.

What it does#

• Reports a tribunal determination in a procurement complaint by Marine Recycling Corporation (MRC) about a Public Works procurement for the disposal of CCGS W.E. Ricker. The tribunal decided the complaint was not valid.
• Publishes a tribunal finding under the Special Import Measures Act about certain liquid dielectric power transformers:
  • Covers transformers with top power handling capacity ≥ 3 000 kVA (3 MVA) and < 60 000 kVA (60 MVA) and nominal high-voltage rating > 34.5 kV.
  • Finds dumping of these transformers from Chinese Taipei and South Korea (except exports from IEN Hanchang Co., Ltd) has caused material injury to Canadian industry.
  • Finds dumping of the same goods from Austria has not caused injury.
• Announces inquiries the tribunal will conduct into two procurement complaints:
  • A complaint from Cache Computer Consulting Corp. about a Department of Employment and Social Development solicitation for informatics professional services (decision to hold inquiry dated December 16, 2021).
  • A complaint from Denis Belanger about a solicitation by the Patented Medicine Prices Review Board for scientific literature search services (decision to hold inquiry dated December 14, 2021).
• Lists CRTC postings from December 9–21, 2021, including at least:
  • An application by Leclerc Communication inc. for CFEL-FM in Québec (deadline February 1, 2022).
  • An administrative decision concerning Coopérative Radio-Halifax-Métro limitée (CKRH-FM) dated December 8, 2021.
  • Notices of consultation and decisions involving broadcasters such as the Canadian Broadcasting Corporation and TLN Media Group Inc.

Who's affected#

• Marine Recycling Corporation (MRC) and the government departments involved: Public Works and Government Services Canada (PWGSC) and the Department of Fisheries and Oceans—they were the parties to the dismissed procurement complaint.
• Importers, manufacturers, utilities and others who buy or sell the covered transformers. Exporters from Chinese Taipei, South Korea (with the noted exclusion of IEN Hanchang Co., Ltd), and Austria are directly referenced by the finding.
• Bidders and suppliers who deal with federal procurements similar to the two complaints—especially Cache Computer Consulting Corp., Denis Belanger, and the Patented Medicine Prices Review Board.
• Broadcasters, local radio applicants and listeners in the regions named in the CRTC postings (for example, Québec, Halifax, Winnipeg, Lunenburg County, Joliette).
• If it is unclear who is affected by a specific line item in the CRTC posting, the notice lists contact or filing deadlines for interested parties.

Why it matters#

• A tribunal dismissal of a procurement complaint means the challenged procurement stands as awarded. That affects the company that filed the complaint and may influence confidence in future federal contracting disputes.
• The tribunal’s finding that dumping caused material injury can lead to anti-dumping measures (such as duties) on the specified transformers. That can raise costs for Canadian buyers and change sourcing decisions for utilities and manufacturers.
• The decisions to open inquiries mean two procurement complaints will be investigated. That can change who wins those contracts or prompt changes to how those solicitations were run.
• The CRTC postings are how licensing, renewals and local broadcasting changes are announced. They affect local stations, applicants and listeners who may want to comment by the listed deadlines.