North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Termination of Panel Review, 22635-22636 [05-8642]

Download as PDF 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. VerDate jul<14>2003 19:05 Apr 29, 2005 Jkt 205001 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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: E:\FR\FM\02MYN1.SGM 02MYN1 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 VerDate jul<14>2003 20:34 Apr 29, 2005 Jkt 205001 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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). E:\FR\FM\02MYN1.SGM 02MYN1

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]


-----------------------------------------------------------------------

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