North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Termination of Panel Review, 22635-22636 [05-8642]
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices
in-interest to CIL. In its April 6, 2005,
submission Mittal provided evidence
supporting its claim to be the successor–
in-interest to CIL. Documentation
attached to Mittal’s April 6, 2005,
submission shows that the acquisition
of LNM Holdings by Ispat International
N.V. (CIL’s parent company) and the
following name change to CIL resulted
in little or no change in management,
production facility, supplier
relationships, or customer base. This
documentation consists of: (1) A press
release regarding the name change of
Ispat International N.V.; (2) Ispat
International N.V.’s Prospectus; (3) a
certificate of amendment from the
Government of Trinidad and Tobago
reflecting the name change, and
including the articles of amendment,
and a copy of the shareholder resolution
authorizing the name change; (4) a letter
from the Companies Registry of
Trinidad and Tobago stating that Mittal
and CIL are one and the same legal
entity; (5) documentation illustrating
that Mittal and CIL have been assigned
the same taxpayer file number and
maintain the same bank account; (6)
organizational charts that illustrate
essentially the same management and
organizational structure; (7) a listing of
CIL’s and Mittal’s board of directors
which are exactly the same; (8) a letter
from the lessor stating that Mittal will
occupy the same premises and continue
CIL’s lease under the name of Mittal; (9)
a list of CIL’s suppliers and a sample
letter from Mittal to one of its suppliers
explaining that CIL has legally changed
its name to Mittal and that there will be
no change in corporate identity of the
company; and (10) a list of customers
identifying the same customers before
and after the name change as well as a
sample letter to the customers
explaining the name change. The
documentation described above
demonstrates that there was little to no
change in management structure,
supplier relationships, production
facilities, or customer base.
For these reasons, we preliminarily
find that Mittal is the successor–ininterest to CIL and, thus, should receive
the same antidumping duty treatment
with respect to steel wire rod from
Trinidad and Tobago as the former CIL.
Public Comment
Any interested party may request a
hearing within 30 days of publication of
this notice. Any hearing, if requested,
will be held no later than 44 days after
the date of publication of this notice, or
the first workday thereafter. Case briefs
from interested parties may be
submitted not later than 30 days after
the date of publication of this notice.
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Rebuttal briefs, limited to the issues
raised in those comments, may be filed
not later than 37 days after the date of
publication of this notice. All written
comments shall be submitted in
accordance with 19 CFR 351.303.
Persons interested in attending the
hearing, if one is requested, should
contact the Department for the date and
time of the hearing. The Department
will publish the final results of this
changed circumstances review, in
accordance with 19 CFR 351.216(e),
including the results of its analysis of
issues raised in any written comments.
The current requirement for a cash
deposit of estimated antidumping duties
on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
We are issuing and publishing these
results and notice in accordance with
sections 751(b)(1) and 777(i)(1) and (2)
of the Act and 19 CFR 351.216.
Dated: April 26, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2094 Filed 4–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–851
Certain Preserved Mushrooms from
the People’s Republic of China:
Extension of Time Limit for Final
Results of the Fifth Antidumping Duty
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 2, 2005.
FOR FURTHER INFORMATION CONTACT:
Amber Musser at (202) 482–1777, AD/
CVD Enforcement, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 7, 2005, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
fifth administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China. See Certain
Preserved Mushrooms from the People’s
Republic of China: Preliminary Results
and Partial Rescission of Fifth
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22635
Antidumping Duty Administrative
Review, 70 FR 10965 (March 7, 2005)
(‘‘Preliminary Results’’). The results of
this administrative review are currently
due no later than July 5, 2005.
Extension of Time Limit for Final
Results of Review
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), the Department shall make a final
determination in an administrative
review of an antidumping duty order
within 120 days after the date on which
the preliminary results are published. If
it is not practicable to complete the
review within the foregoing time, the
administering authority may extend that
120-day period to 180 days. In this case,
the Department finds that it is not
practicable to complete the final results
in the administrative review of certain
preserved mushrooms from the PRC
within the current time frame due to the
need to analyze information found
during verifications in March and April
2005.
Therefore, in accordance with
sections 751(a)(3)(A) of the Act, the
Department is extending the time for
completion of the final results of this
review until September 6, 2005, which
is the next business day after 180 days
from the date of the publication of the
Preliminary Results. Additionally, the
deadlines for submitting case briefs and
rebuttal briefs are extended. The current
deadline for case briefs is May 2, 2005,
and the current deadline for rebuttal
briefs is May 9, 2005. The Department
is extending the deadline for case briefs
until June 24, 2005, and for rebuttal
briefs until July 1, 2005. A hearing will
be scheduled after case briefs and
rebuttal briefs have been received.
This notice is issued and published in
accordance with Section 751(a)(3)(A) of
the Act.
Dated: April 25, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–2093 Filed 4–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904; Binational Panel
Reviews: Notice of Termination of
Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
AGENCY:
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22636
Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices
Notice of Consent Motion to
Terminate the Panel Review of the final
antidumping duty administrative review
made by the International Trade
Administration, respecting Carbon and
Certain Alloy Steel Wire Rod From
Canada (Secretariat File No. USA–CDA–
2004–1904–02).
ACTION:
SUMMARY: Pursuant to the Notice of
Consent Motion to Terminate the Panel
Review by the complainants, the panel
review is terminated as of April 26,
2005. No panel has been appointed to
this panel review. Pursuant to Rule
71(2) of the Rules of Procedure for
Article 1904 Binational Panel Review,
this panel review is terminated.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter was requested and terminated
pursuant to these Rules.
SUPPLEMENTARY INFORMATION:
Dated: April 26, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05–8642 Filed 4–29–05; 8:45 am]
BILLING CODE 3510–GT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–838]
Notice of Determination Under Section
129 of the Uruguay Round Agreements
Act: Antidumping Measures on Certain
Softwood Lumber Products From
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Consistent with section 129 of
the Uruguay Round Agreements Act,
which governs the Department of
Commerce’s (the Department’s) actions
following World Trade Organization
(WTO) reports, the Department has
calculated new rates with respect to the
antidumping duty investigation on
certain softwood lumber products from
Canada, in order to implement the
recommendations of the WTO Appellate
Body. On April 27, 2005, the U.S. Trade
Representative, after consulting with the
Department and Congress, directed the
Department to implement this
determination. The new rates apply to
unliquidated entries of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after April 27, 2005.
EFFECTIVE DATE: April 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Constance Handley or Shane Subler, at
(202) 482–0631 or (202) 482–0189,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 2, 2002, the Department
published a final determination of sales
at less than fair value (LTFV) in the
antidumping duty investigation on
certain softwood lumber from Canada.
See Notice of Final Determination of
Sales at Less Than Fair Value: Certain
Softwood Lumber Products from
Canada, 67 FR 15539 (April 2, 2002)
(Final Determination) and
accompanying Issues and Decision
Memorandum. Following an affirmative
injury determination issued by the
United States International Trade
Commission, the Department published
an antidumping duty order on this
product on May 22, 2002. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Certain
Softwood Lumber Products From
Canada, 67 FR 3606 (May 22, 2002).
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Subsequently, the Canadian
government requested the establishment
of a WTO dispute resolution panel (the
Panel) to consider various aspects of the
Department’s final determination in this
case. The Panel circulated its report on
April 13, 2004. See United States—Final
Dumping Determination on Softwood
Lumber from Canada, WT/DS264/R
(April 13, 2004).
On May 13, 2004, the United States
and Canada appealed certain findings
and conclusions in the Panel report. The
WTO Appellate Body (the Appellate
Body) issued its report on August 11,
2004. See United States—Final
Dumping Determination on Softwood
Lumber from Canada, WT/DS264/AB/R
(August 11, 2004) (Appellate Body
Report). The Appellate Body Report and
the Panel report, as modified by the
Appellate Body Report, were adopted by
the WTO Dispute Settlement Body
(DSB) on August 31, 2004. See Minutes
of the Meeting, Dispute Settlement
Body, August 31, 2004, WT/DSB/M/175
(Sept. 24, 2004).
On September 27, 2004, the United
States indicated to the DSB that it
intended to implement a decision
consistent with the recommendations
and rulings of the DSB. See WTO News,
https://www.wto.org/english/news_e/
news04_e/dsb_27sep04_e.htm. On
November 5, 2004, pursuant to section
129(b)(2) of the Uruguay Round
Agreements Act (URAA), the United
States Trade Representative requested
that the Department issue a
determination that would render the
Department’s actions in the
investigation not inconsistent with the
findings of the DSB.
On January 31, 2005, the Department
issued its Preliminary 129
Determination.1 On February 22, 2005,
the Department received a joint brief
filed by the British Columbia Lumber
Trade Council and its constituent
associations; the Ontario Forest
Industries Association; the Ontario
Lumber Manufacturers Association; the
Quebec Lumber Manufacturers
Association; Abitibi Group; Canfor
Corporation; Slocan Forest Products
Ltd.; Tembec Inc.; West Fraser Mills
Ltd.; and Weyerhaeuser Company
(collectively, the Canadian Parties).2 On
1 See Preliminary Determination Under Section
129 of the Uruguay Round Agreements Act:
Antidumping Measures on Certain Softwood
Lumber Products from Canada (Preliminary 129
Determination), accessible at https://ia.ita.doc.gov/
download/section129/Canada-Lumber-129-Prelim013105.pdf. This document is also on file in the
Central Records Unit, Room B–099 of the main
Commerce Building.
2 See letter from the Canadian Parties to the
Department, dated February 22, 2005 (Canadian
Parties’ Brief).
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Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22635-22636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8642]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement (NAFTA), Article 1904;
Binational Panel Reviews: Notice of Termination of Panel Review
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
[[Page 22636]]
ACTION: Notice of Consent Motion to Terminate the Panel Review of the
final antidumping duty administrative review made by the International
Trade Administration, respecting Carbon and Certain Alloy Steel Wire
Rod From Canada (Secretariat File No. USA-CDA-2004-1904-02).
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Notice of Consent Motion to Terminate the
Panel Review by the complainants, the panel review is terminated as of
April 26, 2005. No panel has been appointed to this panel review.
Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904
Binational Panel Review, this panel review is terminated.
FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade
Agreement (``Agreement'') establishes a mechanism to replace domestic
judicial review of final determinations in antidumping and
countervailing duty cases involving imports from a NAFTA country with
review by independent binational panels. When a Request for Panel
Review is filed, a panel is established to act in place of national
courts to review expeditiously the final determination to determine
whether it conforms with the antidumping or countervailing duty law of
the country that made the determination.
Under Article 1904 of the Agreement, which came into force on
January 1, 1994, the Government of the United States, the Government of
Canada and the Government of Mexico established Rules of Procedure for
Article 1904 Binational Panel Reviews (``Rules''). These Rules were
published in the Federal Register on February 23, 1994 (59 FR 8686).
The panel review in this matter was requested and terminated pursuant
to these Rules.
Dated: April 26, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-8642 Filed 4-29-05; 8:45 am]
BILLING CODE 3510-GT-P