North American Free Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Panel Decision, 59724 [E5-5590]

Download as PDF 59724 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices Letter from Susan H. Kuhbach to Barbara P. Sidari, dated July 30, 1998, which is available in the CRU. 3. On October 23, 1997, the petitioners filed an application requesting that the Department initiate an anti–circumvention investigation of Barilla S.r.L. (‘‘Barilla’’), an Italian producer and exporter of pasta. The Department initiated the investigation on December 8, 1997. See Initiation of Anti–Circumvention Inquiry on Antidumping Duty Order on Certain Pasta From Italy, 62 FR 65673 (December 15, 1997). On October 5, 1998, the Department issued its final determination that, pursuant to section 781(a) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act effective January 1, 1995 (‘‘the Act’’), circumvention of the antidumping order on pasta from Italy was occurring by reason of exports of bulk pasta from Italy produced by Barilla which subsequently were repackaged in the United States into packages of five pounds or less for sale in the United States. See Anti– Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672 (October 13, 1998). 4. On October 26, 1998, the Department self–initiated a scope inquiry to determine whether a package weighing over five pounds as a result of allowable industry tolerances is within the scope of the antidumping and countervailing duty orders. On May 24, 1999, we issued a final scope ruling finding that, effective October 26, 1998, pasta in packages weighing or labeled up to (and including) five pounds four ounces is within the scope of the antidumping and countervailing duty orders. See Memorandum from John Brinkmann to Richard Moreland, dated May 24, 1999, which is available in the CRU. 5. On April 27, 2000, the Department self–initiated an anti–circumvention inquiry to determine whether Pastificio Fratelli Pagani S.p.A.’s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention with respect to the antidumping and countervailing duty orders on pasta from Italy pursuant to section 781(a) of the Act and 19 CFR 351.225(b). See Certain Pasta from Italy: Notice of Initiation of Anti– circumvention Inquiry of the Antidumping and Countervailing Duty Orders, 65 FR 26179 (May 5, 2000). On September 19, 2003, we published an affirmative finding of the anti– VerDate Aug<31>2005 16:14 Oct 12, 2005 Jkt 208001 circumvention inquiry. See Anti– Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Certain Pasta from Italy: Affirmative Final Determinations of Circumvention of Antidumping and Countervailing Duty Orders, 68 FR 54888 (September 19, 2003). Rescission of Review The Department’s regulations at 19 CFR 351.213(d)(1) provide that the Department will rescind an administrative review, in part, 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. Pastificio Laporta S.a.s. withdrew its request for an administrative review on September 15, 2005, which is within the 90-day deadline, and no other party requested a review with respect to this company. Therefore, the Department is rescinding this administrative review, in part, for Pastificio Laporta S.a.s.. This notice is issued and published in accordance with 19 CFR 351.213(d)(4). Dated: October 6, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–5603 Filed 10–12–05; 8:45 am] BILLING CODE 3510–DS–S 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: On October 5, 2005, the binational panel issued its decision in the review of the final results of the countervailing duty determination made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA–CDA–2002– 1904–03) affirmed in part and remanded in part the determination of the Department of Commerce. The Department will return the determination on remand no later than October 28, 2005. 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 SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 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 October 5, 2005, the Binational Panel affirmed in part and remanded in part the Department of Commerce’s final antidumping duty determination. The following issues were remanded to the Department: 1. The Department was directed to determine the amount of log seller profit to be C$4.34, and to refrain from apportioning this amount. 2. The Department was directed to adjust the profit figures for Ontario, Manitoba, and Saskatchewan to the extent that their profit figures are derivative of the profit figure for Quebec. The Investigating Authority was directed to complete its remand determination no later than October 28, 2005. Dated: October 6, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E5–5590 Filed 10–12–05; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 100605F] Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Page 59724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5590]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Notice of Panel Decision

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

ACTION: Notice of panel decision.

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SUMMARY: On October 5, 2005, the binational panel issued its decision 
in the review of the final results of the countervailing duty 
determination made by the International Trade Administration (ITA) 
respecting Certain Softwood Lumber Products from Canada (Secretariat 
File No. USA-CDA-2002-1904-03) affirmed in part and remanded in part 
the determination of the Department of Commerce. The Department will 
return the determination on remand no later than October 28, 2005. 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 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 October 5, 2005, the Binational Panel affirmed 
in part and remanded in part the Department of Commerce's final 
antidumping duty determination. The following issues were remanded to 
the Department:
    1. The Department was directed to determine the amount of log 
seller profit to be C$4.34, and to refrain from apportioning this 
amount.
    2. The Department was directed to adjust the profit figures for 
Ontario, Manitoba, and Saskatchewan to the extent that their profit 
figures are derivative of the profit figure for Quebec.
    The Investigating Authority was directed to complete its remand 
determination no later than October 28, 2005.

    Dated: October 6, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E5-5590 Filed 10-12-05; 8:45 am]
BILLING CODE 3510-GT-P

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