North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 32577 [E5-2842]
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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Notices
the subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered by this
review, a prior review, or the LTFV
investigation, the cash deposit rate shall
be the all others’ rate established in the
LTFV investigation, which is 9.86
percent. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Plate in Coils
From Belgium, 64 FR 15476 (March 31,
1999). These deposit rates, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Public Comment
Pursuant to 19 CFR 351.224(b), the
Department will disclose to parties to
the proceeding any calculations
performed in connection with these
preliminary results within five days
after the date of publication of this
notice. Pursuant to 19 CFR 351.309,
interested parties may submit written
comments in response to these
preliminary results. Unless extended by
the Department, case briefs are to be
submitted within 30 days after the date
of publication of this notice, and
rebuttal briefs, limited to arguments
raised in case briefs, are to be submitted
no later than five days after the time
limit for filing case briefs. Parties who
submit arguments in this proceeding are
requested to submit with the argument:
(1) a statement of the issues, and (2) a
brief summary of the argument. Case
and rebuttal briefs must be served on
interested parties in accordance with 19
CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c),
within 30 days of the date of publication
of this notice, interested parties may
request a public hearing on arguments
to be raised in the case and rebuttal
briefs. Unless the Secretary specifies
otherwise, the hearing, if requested, will
be held two days after the date for
submission of rebuttal briefs. Parties
will be notified of the time and location.
The Department will publish the final
results of this administrative review,
including the results of its analysis of
issues raised in any case or rebuttal
brief, no later than 120 days after
publication of these preliminary results,
unless extended. See 19 CFR 351.213(h).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
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18:03 Jun 02, 2005
Jkt 205001
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results of this
administrative review and notice are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: May 26, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–2863 Filed 6–2–05; 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
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of decision of panel.
AGENCY:
SUMMARY: On May 26, 2005 the
binational panel issued its decision in
the review of the final antidumping
administrative review made by the
International Trade Administration,
respecting Gray Portland Cement and
Clinker from Mexico, NAFTA
Secretariat File Number USA–MEX–98–
1904–02. The binational panel affirmed
in part and remanded in part the
International Trade Administration’s
determination. 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
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Fmt 4703
Sfmt 4703
32577
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 in
part and remanded in part the
International Trade Administration’s
determination respecting Gray Portland
Cement and Clinker from Mexico. The
panel remanded on the following issues:
1. That the Department of Commerce
reconsider, in view of the changed
methodology adopted in the remand
determination in the Seventh Review,
whether CEMEX’s home market sales of
Type V cement sold as Type II and Type
V cement produced at the Hermosillo
plants were outside the ordinary course
of trade, and support whatever
conclusion is reach with adequate
reasoning based on substantial evidence
in the record;
2. Further analyze and explain the
plant efficiency issues in the calculation
of the DIFMER adjustment in
accordance with this opinion; and
3. Reclassify certain sales in
accordance with the decision of the
Court of Appeals for the Federal Circuit
in AK Steel v. United States.
Commerce was directed to issue it’s
determination on remand within 60
days of the issuance of the panel
decision or not later than July 25, 2005.
The Department’s decision in the final
results of the Sixth Administrative
Review was, in all other respects
upheld.
Dated: May 26, 2005.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E5–2842 Filed 6–2–05; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Fire Codes: Request for
Proposals for Revision of Codes and
Standards
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The National Fire Protection
Association (NFPA) proposes to revise
some of its fire safety codes and
standards and requests proposals from
the public to amend existing or begin
the process of developing new NFPA
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Page 32577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2842]
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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 May 26, 2005 the binational panel issued its decision in
the review of the final antidumping administrative review made by the
International Trade Administration, respecting Gray Portland Cement and
Clinker from Mexico, NAFTA Secretariat File Number USA-MEX-98-1904-02.
The binational panel affirmed in part and remanded in part the
International Trade Administration's determination. 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 in part and remanded in part the
International Trade Administration's determination respecting Gray
Portland Cement and Clinker from Mexico. The panel remanded on the
following issues:
1. That the Department of Commerce reconsider, in view of the
changed methodology adopted in the remand determination in the Seventh
Review, whether CEMEX's home market sales of Type V cement sold as Type
II and Type V cement produced at the Hermosillo plants were outside the
ordinary course of trade, and support whatever conclusion is reach with
adequate reasoning based on substantial evidence in the record;
2. Further analyze and explain the plant efficiency issues in the
calculation of the DIFMER adjustment in accordance with this opinion;
and
3. Reclassify certain sales in accordance with the decision of the
Court of Appeals for the Federal Circuit in AK Steel v. United States.
Commerce was directed to issue it's determination on remand within
60 days of the issuance of the panel decision or not later than July
25, 2005.
The Department's decision in the final results of the Sixth
Administrative Review was, in all other respects upheld.
Dated: May 26, 2005.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E5-2842 Filed 6-2-05; 8:45 am]
BILLING CODE 3510-GT-P
