North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 54901 [05-18499]
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Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked
privileged or confidential business
information will be deemed to be
nonconfidential. An original and five (5)
copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021B, Washington,
DC 20230. Information submitted by any
person is exempt from disclosure under
the Freedom of Information Act (5
U.S.C. 552). However, nonconfidential
versions of the comments will be made
available to the applicant if necessary
for determining whether or not to issue
the Certificate. Comments should refer
to this application as ‘‘Export Trade
Certificate of Review, application
number 84–16A12.’’
Northwest Fruit Exporters’ (‘‘NFE’’)
original Certificate was issued on June
11, 1984 (49 FR 24581, June 14, 1984)
and previously amended on May 2,
1988 (53 FR 16306, May 6, 1988);
September 21, 1988 (53 FR 37628,
September 27, 1988); September 20,
1989 (54 FR 39454, September 26,
1989); November 19, 1992 (57 FR 55510,
November 25, 1992); August 16, 1994
(59 FR 43093, August 22, 1994);
November 4, 1996 (61 FR 57850,
November 8, 1996); October 22, 1997
(62 FR 55783, October 28, 1997);
November 2, 1998 (63 FR 60304,
November 9, 1998); October 20, 1999
(64 FR 57438, October 25, 1999);
October 16, 2000 (65 FR 63567, October
24, 2000); October 5, 2001 (66 FR 52111,
October 12, 2001); October 3, 2002 (67
FR 62957, October 9, 2002); September
16, 2003 (68 FR 54893, September 19,
2003); and October 14, 2004 (69 FR
61802, October 21, 2004). A summary of
the application for an amendment
follows.
Summary of the Application
Applicant: Northwest Fruit Exporters,
105 South 18th Street, Suite 227,
Yakima, Washington 98901–2149.
Contact: James R. Archer, Manager,
Telephone: (509) 576–8004.
Application No.: 84–16A12.
Date Deemed Submitted: September
6, 2005.
VerDate Aug<31>2005
15:48 Sep 16, 2005
Jkt 205001
Proposed Amendment: Northwest
Fruit Exporters seeks to amend its
Certificate to:
1. Add each of the following
companies as a new ‘‘Member’’ of the
Certificate within the meaning of
section 325.2(1) of the Regulations (15
CFR 325.2(1)): Bolinger & Sons,
Wenatchee, WA; C&M Fruit Packers,
Wenatchee, WA; Cascade Fresh Fruits,
LLC, Manson, WA; AltaFresh L.L.C. dba
Chelan Fresh Marketing, Chelan, WA;
Nuchief Sales Inc., Wenatchee, WA;
Orchard View Farms, The Dalles, OR;
SST Growers and Packers LLC, Granger,
WA; Voelker Fruit and Cold Storage,
Yakima, WA; and Yakima-Roche Fruit
Sales L.L.C., Yakima, WA; and
2. Delete the following companies as
‘‘Members’’ of the Certificate: Fox
Orchards, Mattawa, WA; Magi, Inc.,
Brewster, WA (as a result of a merger
with Chelan Fruit Cooperative, a
Member of NFE); Monson Fruit Co.,
Selah, WA (for its cherry operation,
only); Rawland F. Taplett dba R.F.
Taplett Fruit & Cold Storage Co.,
Wenatchee, WA; Sund-Roy L.L.C.,
Yakima, WA; and Washington Export,
LLC, Yakima, WA.
Dated: September 13, 2005.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. 05–18492 Filed 9–16–05; 8:45 am]
54901
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 the 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.
SUPPLEMENTARY INFORMATION:
Panel Decision
AGENCY:
SUMMARY: On September 9, 2005, the
binational panel issued its decision in
the review of the final determination
made by the International Trade
Administration, respecting Alloy
Magnesium from Canada Final
Countervailing Duty Determination,
New Shipper Review, Secretariat File
No. USA–CDA–2003–1904–02. The
binational panel affirmed the
International Trade Administration
determination with two dissenting
opinions and one concurring opinion.
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
The determination is as follows:
A. With respect to the de facto
specificity issue, a majority of the panel
decided to uphold the Department’s
Final Determination. Chairman Endsley
and panelist Holbein wrote the panel
opinion, while panelist Winham wrote
separate concurring views. Panelists
Anissimoff and LaBarge dissent.
B. With respect to the AUL
calculation issue, the panel
unanimously upheld the Department’s
Final Determination.
C. With respect to the discount rate
issue, the panel unanimously upheld
the Department’s Final Determination.
The panel has directed the Secretary
to issue a Notice of Final Panel Action
on the 11th day following the issuance
of the panel decision.
Dated: September 13, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05–18499 Filed 9–16–05; 8:45 am]
BILLING CODE 3510–DR–P
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, Commerce.
ACTION: Notice of decision of panel.
PO 00000
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[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18499]
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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, Commerce.
ACTION: Notice of decision of panel.
-----------------------------------------------------------------------
SUMMARY: On September 9, 2005, the binational panel issued its decision
in the review of the final determination made by the International
Trade Administration, respecting Alloy Magnesium from Canada Final
Countervailing Duty Determination, New Shipper Review, Secretariat File
No. USA-CDA-2003-1904-02. The binational panel affirmed the
International Trade Administration determination with two dissenting
opinions and one concurring opinion. 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 the 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 determination is as follows:
A. With respect to the de facto specificity issue, a majority of
the panel decided to uphold the Department's Final Determination.
Chairman Endsley and panelist Holbein wrote the panel opinion, while
panelist Winham wrote separate concurring views. Panelists Anissimoff
and LaBarge dissent.
B. With respect to the AUL calculation issue, the panel unanimously
upheld the Department's Final Determination.
C. With respect to the discount rate issue, the panel unanimously
upheld the Department's Final Determination.
The panel has directed the Secretary to issue a Notice of Final
Panel Action on the 11th day following the issuance of the panel
decision.
Dated: September 13, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-18499 Filed 9-16-05; 8:45 am]
BILLING CODE 3510-GT-P
