Throughout this RFI, there are certain words and terminology used that require some clarification. The following are their definitions for purposes of this reinvestigation:
Associated Persons and/or Companies
Subsections 2(2) and 2(3) of the Special Import Measures Act define "associated persons" as follows:
2(2) For the purpose of this Act, the following persons are "associated persons" or persons associated with each other, namely,
(a) persons related to each other; or
(b) persons not related to each other, but not dealing with each other at arm's length.
2(3) For the purposes of subsection (2), persons are related to each other if
(a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;
(b) one is an officer or director of the other;
(c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations;
(d) they are partners;
(e) one is the employer of the other;
(f) they directly or indirectly control or are controlled by the same person;
(g) one directly or indirectly controls or is controlled by the other;
(h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or
(i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other.
Note: the term “person” includes a partnership and an association.
Government and Government of Vietnam (GOV)
For the purposes of this RFI, government and the Government of Vietnam (GOV) refers to all levels of government, i.e., central, provincial, regional, city, economic or development zone, municipal, township, village, local, legislative, administrative or judicial, singular, collective, elected or appointed. It also includes any person, agency, enterprise, or institution acting for, on behalf of, or under the authority of any law passed by the government of that country or that provincial, state or municipal or other local or regional government.
For the purposes of this RFI, the OCTG sector refers to the production and sale of all OCTG in Vietnam including casing, tubing and drill pipe meeting or supplied to meet the American Petroleum Institute (API) 5CT or 5DP specifications or equivalent standards, in all grades and sizes and is not restricted to the product or size limitations contained in the product definition for subject goods shipped to Canada.
State-Owned Enterprise (SOE)
For the purposes of this RFI, state-owned enterprise (SOE) refers to any company or enterprise that is operating under the direct or indirect control or influence of the GOV (as defined above). This also includes any company which is operating in a partnership or joint venture capacity with the GOV or whose shares are publicly traded and wholly or partially owned by the GOV.
8. Confidential and Non-confidential Submissions
Those portions of your written response for which confidential treatment is requested must be clearly marked "Confidential." As well, a non-confidential version of all confidential information must be provided to the CBSA. If these requirements are not fulfilled, your information cannot be taken into account in these proceedings.
For further important information concerning confidential and non-confidential information please refer to Part D, entitled "Required Format for Submission of Confidential and Non-Confidential Information."
9. Language of Response
Your response to this questionnaire should be in either English or French. Any source material that you provide with your response must be in its original language and must be accompanied by a translation in either English or French.
The results of the re-investigation respecting the decision on the section 20 inquiry will be provided to your company at its conclusion. Should you wish to discuss the results of the re-investigation, CBSA officers will be available to meet with you or your representatives in Ottawa, Canada.
11. Period of Analysis
The period of analysis period is from April 1, 2014 to March 31, 2015. However, in responding to certain questions, it may be necessary for your company to provide information that relates to a period outside of this timeframe for purposes of analysis.
Where requested information relates to circumstances that have changed during the period of analysis, provide all information that relates to the information that has changed as well as the new or revised information. For example, if a regulation relating to a certain economic activity has been amended or revised, provide a copy of both the old and the revised regulation. In addition, provide an explanation as to the nature of the changes.
12. Number of Copies Required
Two electronic copies on CDs or DVDs of your confidential response to this RFI are required, including your narrative response in Microsoft Office WORD, and database responses in Microsoft Office EXCEL.
You may also provide hard copies of your response. In this case two printed copies of your confidential response to this RFI are required. It is the preference of the CBSA that the printed versions of your response be provided on 8 1/2" x 11" paper. If possible, please reduce any oversize documents to fit this paper size.
Your response must also include one electronic or hard copy of your edited non-confidential version. This non-confidential version will be reviewed by the CBSA to ensure that it is in sufficient detail to convey a reasonable understanding of the substance of the information submitted in the confidential version. If the CBSA determines that the non-confidential version is not acceptable, you will be requested to rectify the deficiencies and resubmit a new version.
Your complete response must be sent to the CBSA's address indicated on the covering page of this RFI. In addition, a complete copy of your submission to the CBSA must be maintained at your premises for use by the CBSA during any on-site verification by CBSA officers. A submission without a proper non-confidential version or the required copies will be considered an incomplete response.