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Frequently Asked Questions
Case Management Call- Participant Questions

The Tribunal’s answers to procedural questions submitted by parties in respect of matters arising from the Case Management Teleconference held on October31,2018, are set out below. Non-procedural questions are not addressed.

1. Question: Can the Tribunal explicitly clarify that no expert witnesses and/or expert reports are permitted?

    Answer: Expert witnesses and reports are not permitted.

 

2. Question: Can parties serve materials containing third party confidential information on other parties in the form of password-protected electronic copies (i.e. on a CD or USB key) via hand‑delivery or courier, with passwords sent by email?

    Answer: Yes. Parties may serve materials containing third party confidential information (meaning confidential information that does not belong to the party serving the information) using password-protected electronic copies (CD/USB key) delivered by hand or by courier. Passwords for such copies may be sent by email as long as: (i) the associated risks are accepted; and (ii) the email does not include any third-party confidential information.

For additional guidance on serving (and filing) confidential information, please consult the Tribunal’s Confidentiality Guidelines (available at http://www.citt‑tcce.gc.ca/en/resource-types/confidentiality-guidelines.html).

3. Question: Can the Tribunal extend the deadline for the service and filing of reply materials?

    Answer: No. The Tribunal appreciates that the inquiry schedule is demanding. However, to complete the inquiry by the deadline imposed under the Order in Council, the Tribunal requires parties to adhere to the current schedule.

4. Question: Can reply submissions generally, or confidential reply submissions in particular, be served on December 14, 2018, instead of by the current December 13, 2018, deadline?

    Answer: No. In order to complete the inquiry by the deadline imposed under the Order in Council, the Tribunal requires parties to adhere to the current schedule.

5. Question:For confidential materials to be served at Canadian destinations outside major cities where overnight courier service is not feasible, can service be made by courier service that is reasonably the fastest?

    Answer: No. In order to complete the inquiry by the deadline imposed under the Order in Council, the Tribunal requires parties to adhere to the current schedule.

6Question:Can the current noon deadlines on December 6, 2018, and December 13, 2018, be changed to 5:00 p.m. EST?

    Answer: No. In order to complete the inquiry by the deadline imposed under the Order in Council, the Tribunal requires parties to adhere to the current schedule.

7. Question: Can the Tribunal create product-specific service lists and direct that parties must only serve replies on parties that are interested in a specific class of goods? For example, if a party’s interest relates only to energy tubular products, does it follow that the producers of wire rod should not have to serve their reply submissions on “energy tubular parties”?

    Answer: No. To protect the integrity of the inquiry, all parties must receive all replies.

8. Question: Can confidential materials specific to a particular class of goods be served only on counsel representing parties participating in respect of that class of goods? If so, can the Tribunal ask counsel to identify the classes of goods relevant to their clients, and to circulate that list to all counsel?

    Answer: No. To protect the integrity of the inquiry, all counsel authorized to receive confidential materials must receive all replies containing confidential information.

9. Question: Can the Tribunal direct that where a party wants to receive otherwise confidential information about an account-specific injury allegation made against it, the party providing limited disclosure must provide only the:

  • Name of competitor;
  • Name of customer, client or account in question;
  • Price offered by competitor;
  • Competitor’s actual selling price (if competitor made the sale);
  • Volume of product offered for sale by competitor;
  • Volume of product actually sold by competitor (in the case of allegations of lost sales).

     Answer: No. The Confidentiality Guidelines do not require anything exceeding the information in the list above, so there is no need to expressly limit the scope of information that can be provided.

Limited disclosure should be arranged between parties without the Tribunal’s involvement. The Tribunal has limited disclosure forms available to assist parties in this regard. If parties cannot agree on limited disclosure, they may seek the Tribunal’s guidance.

10. Question: Can the Tribunal direct that: (a) limited disclosure is satisfied by the provision of the listed information; and (b) limited disclosure versions of select pages from briefs and statements need not be produced?

      Answer: No.

11. Question: Is there a process to notify the Tribunal of technical difficulties in filing materials via the Secure E-filing Service?

      Answer: The Secure E-filing portal includes “Help” and “FAQs” rubrics that provide guidance on using the system. The “Help” rubric includes instructions for receiving technical support, including how to contact the Registrar.

12. Question: Will parties be penalized if they are unable to file materials before a deadline because of technical problems arising from the Secure E-filing Service?

      Answer: The Tribunal does not anticipate technical problems arising if parties comply with the e-filing requirements. In the event that a problem arises, the Tribunal will consider the matter at that time and decide how to proceed on a case-by-case basis.

13. Question: Can the Tribunal reschedule the hearings for Carbon Steel Welded Pipe 3 (NQ‑2018‑003) and Corrosion-resistant Steel Sheet (NQ‑2018‑004) to avoid conflict with the inquiry?

      Answer: No. The Tribunal has previously rejected this request by letter (dated November 1,2018) to the parties in those proceedings.

14. Question:Can counsel representing more than one party file a single Legal Framework Brief (maximum 30 pages) to address issues applicable to safeguard tests generally, with individual party case brief page limits reduced accordingly? Alternatively, can parties combine their page limits up to a specified maximum?

      Answer: No. Given the short timeframe for completion of the inquiry, the Tribunal does not have time to establish the necessary rules and procedures to govern the submission of single Legal Framework Briefs on behalf of multiple parties, and the combination of page limits. Such rules and procedures would be necessary to ensure other parties are not prejudiced.

15. Question: Can the Tribunal provide additional guidance on matters to be covered at the hearing (e.g. the maximum number of people that will be on a witness panel)?

      Answer: The Tribunal will determine the number of people on a witness panel at the time it selects the witnesses and will provide additional guidance during the inquiry as required.

16. Question: Will there be simultaneous translation during the hearing, or will the Tribunal establish a process to request translation for parties and witnesses that would prefer to address the Tribunal in French?

      Answer: The Tribunal’s process for requesting translation is set out in its Notice of Commencement (Notice), which states that “[e]ach party must advise the Secretariat, at the same time that they file their notices of participation, whether they and their witnesses will be using French or English or both at the hearing. Requirements for interpretation services in any other language should also be communicated to the Tribunal at that time.” Simultaneous interpretation is not contemplated, unless specifically requested as per the Notice.

17. Question: Will the Tribunal live stream the hearing proceedings in a second hearing room?

      Answer: The Tribunal plans to broadcast the proceedings to another room on site.

18. Question: Is December 6,2018, the deadline for all participants, including governments, to submit written comments to the Tribunal?

      Answer: Yes. All participants, including governments, must submit their case briefs, witness statements and evidence by December 6, 2018.

19. Question: What is the purpose of the December27,2018, deadline for procedural and preliminary matters?

      Answer: The purpose of the deadline for procedural and preliminary matters is to facilitate the progress of the inquiry by avoiding procedural issues that can be handled prior to the hearings.

20Question: Should government comments that will be addressed in the public hearings in January 2019 be submitted before the hearings? If so, what is the deadline for submission?

      Answer: Written case briefs for all parties, including governments, must be filed by December6,2018. If any party wants to have the possibility of presenting oral argument or cross‑examining witnesses in a hearing, it must file a written case brief by the deadline.

21. Question: If a government will not be represented by counsel, what must the government do to address comments in the public hearing?

      Answer: Given the broad scope of the inquiry and the short time frame for its completion, the Tribunal will not have the time to hear oral testimony and argument from all parties to the extent it could in hearings of a longer duration.

Parties on the same side of an issue are encouraged to come to an agreement on allocations of time with respect to questioning witnesses and presenting argument, or having a representative spokesperson. Parties should advise the Registrar of their agreements 24 hours in advance of each hearing.

For each hearing, parties will have the opportunity to present their final arguments in a written closing brief. The closing brief must be submitted by 9:00 a.m. on the second day of a hearing, is limited to a maximum of five pages, must contain public information only, and must comply with the relevant Directions Concerning Written Materials in Appendix B of the Notice. Please note that the opportunity to submit closing briefs is new and additional to the case management procedures currently set out in the Notice.