North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 31426-31427 [E5-2774]

Download as PDF 31426 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices also submitted a timely request for an administrative review. SSI’s request for review requested that no review be conducted, or alternatively, if a review is conducted, SSI requested a deferral of administrative review in accordance with 19 CFR 351.213(c). The Department of Commerce (‘‘the Department’’) initiated an administrative review of this order covering the period January 1, 2003, through December 31, 2003. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005) (‘‘Initiation Notice’’). We are rescinding this administrative review because all requests have been withdrawn in accordance with 19 CFR 351.213(d)(1). EFFECTIVE DATE: June 1, 2005. FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482–3964 or Addilyn Chams–Eddine at (202) 482– 0648, AD/CVD Operations, Office 6, Import Administration, U.S. Department of Commerce, Room 7866, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On December 3, 2001, the Department published a countervailing duty order on certain hot–rolled carbon steel flat products from Thailand. See Notice of Countervailing Duty Orders: Certain Hot–Rolled Carbon Steel Flat Products from Thailand, 66 FR 60197 (December 3, 2001). On December 30, 2004, SSI requested that the Department not conduct an administrative review of the January 1, 2003, through December 31, 2003 period of review (POR). According to SSI, there were no U.S. sales or shipments from Thailand of subject merchandise during the POR, and there was only one entry of subject merchandise during the POR. SSI further requested a deferral of the administrative review if the Department conducts an administrative review based on the one entry during the POR, in order to allow the Court of Appeals for the Federal Circuit to reach its final judgement regarding the U.S. Court of International Trade’s de minimis determination in Royal Thai Gov’t v. United States, 28 CIT, Slip Op. 04–124 (October 1, 2004). On January 3, 2005, petitioner requested an administrative review of subject merchandise, produced or exported by SSI during the POR. On January 19, 2005, petitioner submitted an objection to SSI’s request for a deferral of the administrative review under section 351.213(c)(ii) of the VerDate jul<14>2003 17:53 May 30, 2005 Jkt 205001 Department’s regulations. Petitioner’s objection was timely filed on January 19, 2005, because they had requested a one-day extension for filing the deferral objection on January 18, 2005, since the Department had closed prior to 5:00 p.m. due to an emergency situation which prevented the Department from accepting filings. In accordance with 19 CFR 351.221(c)(1)(i)), we published a notice of initiation of the review on January 31, 2005. See Initiation Notice. On April 26, 2005, petitioner and SSI withdrew their requests for review. Rescission of Countervailing Duty Administrative Review Section 351.213(d)(1) of the Department’s regulations provide that the Department will rescind an administrative review if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Petitioner and SSI were the only parties to request a review and both parties withdrew their request for an administrative review on April 26, 2005, which is within the 90-day deadline. The Department is therefore rescinding this administrative review for the period January 1, 2003, through December 31, 2003, in accordance with 19 CFR 351.213(d)(1). The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) within 15 days of publication of this notice. The Department will direct CBP to assess countervailing duties for all entries of subject merchandise, including those produced or exported by SSI, at the cash deposit rate in effect on the date of entry for entries made during the period January 1, 2003, through December 31, 2003. This rescission and notice are issued and published in accordance with 19 CFR 351.213(d)(4) and sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: May 25, 2005. Holly A. Kuga, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2770 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of decision of panel. AGENCY: SUMMARY: On April 29, 2005 the binational panel issued its decision in the review of the determination on remand made by the International Trade Commission, respecting Certain Corrosion-Resistant Carbon Steel Flat Products from Canada Final Injury Determination, Secretariat File No. USA–CDA–2000–1904–11. The binational panel affirmed the International Trade Commission’s determination on remand with one dissenting opinion. On May 20, 2005, pursuant to a Notice of Motion on behalf of complainant Dofasco, Inc., the panel has re-issued its decision with explanations. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat. 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 has been conducted in accordance with these Rules. Panel Decision: The panel affirmed the International Trade Commission’s determination on remand respecting E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices Certain Corrosion-Resistant Carbon Steel Flat Products from Canada with one dissenting opinion. The panel has directed the Secretary to issue a Notice of Final Panel Action on the 11th day following the issuance of the May 20, 2005 panel decision. Dated: May 20, 2005. Caratina L. Alston, U.S. Secretary, NAFTA Secretariat. [FR Doc. E5–2774 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Notice of Panel Decision NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of panel decision. AGENCY: SUMMARY: On May 20, 2005, the binational panel issued its decision in the review of the final results of the affirmative countervailing duty redetermination on remand made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA–CDA–2002– 1904–03). The panel issued its third remand to the Department of Commerce. The Department will return the third redetermination based on the remand instructions of the panel. A copy of the complete panel decision is available from the NAFTA Secretariat. 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 the other 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 VerDate jul<14>2003 17:53 May 30, 2005 Jkt 205001 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). Panel Decision: On May 20, 2005, the Binational Panel issued its third remand to the Department of Commerce’s final countervailing duty determination on remand. The following issues were remanded to the Department: 1. The Department is directed, subject to the conditions set forth at the end of Section V of the opinion, to reopen the record for the limited purpose of developing price information for sales reported by syndicates in the Province of Quebec and to verify such information to the extent it feels appropriate. The Department is directed to grant sufficient time to accomplish this task, and to recalculate the Quebec benchmarks including this price information; 2. The Department is directed to recalculate the profit earned by log sellers in Quebec starting with a blended price combining both private logs and imported logs; 3. The Department is directed to grant exclusions from the countervailing duty order to sales by Ontario companies for which the ‘‘input source’’ was unsubsidized, and to exclude those sales from the denominator of its benefit/countervailing duty rate calculations; 4. The Department is directed to include in its calculations for Ontario, the profit earned by private log sellers; and 5. The Department is directed to match the numerators to the denominators of its countervailing duty rate calculations. Commerce was directed to issue it’s determination on remand within 45 days of the issuance of the pane decision or within 45 days of the receipt of information obtained pursuant to the reopening of the record. Dated: May 26, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E5–2773 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–P DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION Notice of the 2005 Defense Base Closure and Realignment Commission—Open Meeting Defense Base Closure and Realignment Commission. AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 31427 Notice; 2005 Defense Base Closure and Realignment Commission— Open Meeting (St. Louis, MO). ACTION: SUMMARY: Notice is hereby given that a sub-group of the 2005 Defense Base Closure and Realignment Commission will hold an open meeting at the St. Louis Airport Marriott, 10700 Pear Tree Lane, St. Louis, Missouri 63134 on June 7, 2005 from 8:30 a.m. to 6 p.m. A sub-group of the Commission will meet to receive comment from Federal, state and local government representatives and the general public on base realignment and closure actions in Kentucky, Illinois, Indiana, Iowa, Missouri and Tennessee that have been recommended by the Department of Defense (DoD). The purpose of this regional meeting is to allow communities experiencing a base closure or major realignment action (defined as loss of 300 civilian positions or 400 military and civilian positions) an opportunity to voice their concerns, counter-arguments, and opinions. This meeting will be open to the public, subject to the availability of space. The sub-group of the Commission will not render decisions regarding the DoD recommendations at this meeting, but will gather information for later deliberations by the Commission as a whole. DATES: June 7, 2005, from 8:30 a.m. to 6 p.m. St. Louis Airport Marriott, 10700 Pear Tree Lane, St. Louis, Missouri 63134. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Please see the 2005 Defense Base Closure and Realignment Commission Web site, https://www.brac.gov. The Commission invites the public to provide direct comment by sending an electronic message through the portal provided on the Commission’s website or by mailing comments and supporting documents to the 2005 Defense Base Closure and Realignment Commission, 2521 South Clark Street Suite 600, Arlington, Virginia 22202–3920. For questions regarding this announcement, contact Mr. Dan Cowhig, Deputy General Counsel and Designated Federal Officer, at the Commission’s mailing address or by telephone at 703–699– 2950 or 2708. Dated: May 24, 2005. Jeannette Owings-Ballard, Administrative Support Officer. [FR Doc. 05–10832 Filed 5–31–05; 8:45 am] BILLING CODE 5001–06–P E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31426-31427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2774]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Notice of decision of panel.

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

SUMMARY: On April 29, 2005 the binational panel issued its decision in 
the review of the determination on remand made by the International 
Trade Commission, respecting Certain Corrosion-Resistant Carbon Steel 
Flat Products from Canada Final Injury Determination, Secretariat File 
No. USA-CDA-2000-1904-11. The binational panel affirmed the 
International Trade Commission's determination on remand with one 
dissenting opinion. On May 20, 2005, pursuant to a Notice of Motion on 
behalf of complainant Dofasco, Inc., the panel has re-issued its 
decision with explanations. Copies of the panel decision are available 
from the U.S. Section of the NAFTA Secretariat.

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 has been conducted in accordance with 
these Rules.
    Panel Decision: The panel affirmed the International Trade 
Commission's determination on remand respecting

[[Page 31427]]

Certain Corrosion-Resistant Carbon Steel Flat Products from Canada with 
one dissenting opinion. The panel has directed the Secretary to issue a 
Notice of Final Panel Action on the 11th day following the issuance of 
the May 20, 2005 panel decision.

    Dated: May 20, 2005.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E5-2774 Filed 5-31-05; 8:45 am]
BILLING CODE 3510-DS-P
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