International Trade Administration, North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 69142-69143 [05-22503]

Download as PDF 69142 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices distributions of tender proceeds, and any other information that might be requested by the U.S. Government. Directly or through the U.S. Government, CA–PEQ will endeavor to accommodate any information request from the governments of El Salvador, Guatemala, Honduras and Nicaragua, while protecting confidential information; and will consult with officials of those governments as appropriate. Miscellaneous Implementing Provisions. CA–PEQ and/or its Members may (i) meet, discuss and provide for an administrative structure to implement the foregoing tariff-rate quota management system, assess its operations and discuss modifications as necessary to improve its workability; (ii) meet, exchange and discuss information regarding the structure and method for implementing the foregoing tariff-rate quota management system; (iii) meet, exchange and discuss the types of information needed regarding the bidding process and distribution of the bid proceeds, that are necessary for implementation of the system; (iv) meet, exchange and discuss information regarding U.S. and foreign government agreements, legislation and regulations affecting the tariff rate quota management system; and (v) otherwise meet, discuss and exchange information as necessary to implement the activities described above and take the necessary action to implement the foregoing tariffrate quota management system. Dated: November 7, 2005. Jeffrey C. Anspacher, Director, Export Trading Company Affairs. [FR Doc. E5–6253 Filed 11–10–05; 8:45 am] BILLING CODE 3510–DR–P initiatives the Board may pursue. The meeting will be open to the public. Time will be permitted for public comment, which is limited to three minutes per speaker. To sign up for public comment, please contact J. Marc Chittum, U.S. Travel and Tourism Advisory Board, Room 4043, Washington, DC 20230 (Phone: 202– 482–1124), Marc.Chittum@mail.doc.gov, no later than close of business, Friday, November 25, 2005. The Board is mandated by Public Law 108–7, Section 210, was initially chartered in 2003, and was re-chartered on September 21, 2005, for a two-year period to end September 20, 2007. DATE: December 1, 2005. Time: To be determined. ADDRESSES: Exact location to be determined, New Orleans, LA. This program will be physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be submitted no later than November 25, 2005, to J. Marc Chittum, U.S. Travel and Tourism Advisory Board, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone 202–482–1124, Marc.Chittum@mail.doc.gov. Seating is limited and will be on a first come, first served basis. FOR FURTHER INFORMATION CONTACT: J. Marc Chittum, U.S. Travel and Tourism Advisory Board, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone 202–482–1124, Marc.Chittum@mail.doc.gov. Dated: November 9, 2005. J. Marc Chittum, Designated Federal Officer, U.S. Travel and Tourism Board. [FR Doc. 05–22617 Filed 11–9–05; 1:25 pm] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration DEPARTMENT OF COMMERCE United States Travel and Tourism Advisory Board Meeting International Trade Administration, North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews International Trade Administration, Department of Commerce. ACTION: Notice of an open meeting. AGENCY: SUMMARY: The United States Travel and Tourism Advisory Board (‘‘Board’’) will hold a meeting to discuss topics related to the travel and tourism industry. The meeting will include discussion of the enhanced mandate of the Board, the international advertising and promotion campaign which seeks to encourage individuals to travel to the United States for the express purpose of engaging in tourism, and future issues and VerDate Aug<31>2005 17:16 Nov 10, 2005 Jkt 208001 NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of decision of panel. AGENCY: SUMMARY: On November 3, 2005, the binational panel issued its decision in the review of the final determination made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico Final Antidumping Duty Administrative Review, Secretariat File PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 No. USA–MEX–98–1904–02. The binational panel affirmed in part and remanded in part to the International Trade Administration. 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 Panel remands this case to the Department as follows: 1. Reconsider whether, the evidence in the record supports the conclusion that, Type V cement sold as Type V and Type II cement was not sold in the ordinary course of trade, and provide an explanation recognizing the implications of the economic interrelationship of issues developed in the Seventh Review Remand Determination, the presence or absence of facts on the record regarding promotional quality, and the resulting interaction of all of the factors examined in the reconsideration; 2. If, upon reconsideration, a determination is made which alters the selection of sales for comparison purposes from that made in the original and first remand determination, consider the comparison issues raised by the CDC in conformance with the positions taken by the majority opinions in the Seventh Review Panel; and 3. Reconsider the calculation of the DIFMER allowance on the basis that any positive DIFMER allowance could be considered adverse to CEMEX, that the E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices calculation must be a ‘‘reasonably accurate estimate’’ of the actual rate, that the calculation must be made in a manner that reflects differences in physical characteristics, and that the result must, while providing a deterrent for non-compliance, not be punitive, and provide an adequate explanation of that calculation. The Department’s decision in the final results of the Sixth Administrative Review Remand Determination is, in all other respects, upheld. The Department was directed to complete its redetermination with regard to remand issues within 45 days of the date of the opinion, or not later than December 19, 2005. Dated: November 3, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. 05–22503 Filed 11–10–05; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 050305B] Listing Endangered and Threatened Wildlife and Plants; Withdrawal of the Petition to List Eastern Oyster as Threatened or Endangered under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of the withdrawal of a petition. AGENCY: SUMMARY: NMFS announces that a request by Mr. Wolf-Dieter Busch (the petitioner) to withdraw his petition to list eastern oyster (Crassostrea virginica) has been received. NMFS has accepted this request and will cease the evaluation of the petition. However, in recognition of the considerable work that has been completed to date on the status review report and the value of this comprehensive resource to the management of this species, NMFS will ask the Biological Review Team (BRT) to complete the status review report. FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Damon-Randall, NMFS, Northeast Regional Office, (978) 281– 9300 x6535, or Marta Nammack, NMFS, HQ, (301) 713-1401 x180, or Jennifer Moore, NMFS Southeast Regional Office, (727) 824–5312. SUPPLEMENTARY INFORMATION: On January 11, 2005, NMFS received the petition to list eastern oyster VerDate Aug<31>2005 17:16 Nov 10, 2005 Jkt 208001 (Crassostrea virginica) as threatened or endangered under the ESA. On May 18, 2005, NMFS published a Federal Register notice (70 FR 28510) announcing that the petition and the information in our files indicated that the petitioned action may be warranted. Thus, NMFS initiated a review of the status of this species. On Wednesday, October 19, 2005, NMFS received a letter from the petitioner, dated October 13, 2005, requesting the recall of the eastern oyster petition. In his letter, the petitioner indicated that his request to withdraw the petition is due to confusion over the petition process. He noted the significant concerns of some that the species may be listed as endangered, thereby creating severe restrictions and regulations for this resource. He also expressed concern that, given the timeline of the review, NMFS may not currently have enough information to determine if eastern oyster subspecies exist. He concluded that he hopes that NMFS will continue with the review as he considers the status review report to be a comprehensive resource which will be of great value in focusing restoration activities for this species. NMFS has accepted this request and will consider the petition withdrawn, effective immediately. However, a considerable amount of effort has been expended to date by the eastern oyster BRT as it has already met twice and prepared approximately three quarters of the status review report. When complete, the status review report will be the most timely and comprehensive resource document for this species, and, as such, it will be a useful tool in guiding future management decisions. NMFS has, therefore, determined that the BRT will continue with the status review report and will complete the report as soon as practicable. Authority: 16 U.S.C. 1531 et seq. Dated: November 7, 2005. Donna Wieting, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–22552 Filed 11–10–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) has submitted to the Office of Management and Budget (OMB) for clearance the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 69143 following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Public Key Infrastructure (PKI) Certificate Action Form. Form Number(s): PTO–2042. Agency Approval Number: 0651– 0045. Type of Request: Revision of a currently approved collection. Burden: 1,383 hours annually. Number of Respondents: 4,126 responses per year. Avg. Hours Per Response: The USPTO estimates that it will take the public approximately 30 minutes (0.5 hours) to read the instructions and subscriber agreement, gather the necessary information, prepare the Certificate Action Form, and submit the completed request. The USPTO estimates that it will take the public approximately 10 minutes (0.17 hours) to complete and electronically submit the information required for certificate self-recovery. Needs and Uses: In support of the Government Paperwork Elimination Act and its own electronic filing initiatives, the USPTO uses Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. In order to access secure online systems offered by the USPTO for transactions such as electronic filing of patent applications and retrieving confidential patent application information, customers must first obtain a digital certificate. The public uses this collection to request a new digital certificate, the revocation of a current certificate, or the recovery of a lost certificate. This collection includes the existing Certificate Action Form (PTO–2042), which is provided by the USPTO to ensure that customers submit the necessary information for processing certificate requests. The USPTO is adding a new electronic Certificate SelfRecovery Form to this collection to enable customers to recover their own lost certificates online. Affected Public: Individuals or households, businesses or other forprofits, not-for-profit institutions, farms, the Federal Government, and state, local or tribal governments. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: David Rostker, (202) 395–3897. Copies of the above information collection proposal can be obtained by any of the following methods: E:\FR\FM\14NON1.SGM 14NON1

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[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Pages 69142-69143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22503]


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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 November 3, 2005, the binational panel issued its decision 
in the review of the final determination made by the International 
Trade Administration, respecting Gray Portland Cement and Clinker from 
Mexico Final Antidumping Duty Administrative Review, Secretariat File 
No. USA-MEX-98-1904-02. The binational panel affirmed in part and 
remanded in part to the International Trade Administration. 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 Panel remands this case to the Department as 
follows:
    1. Reconsider whether, the evidence in the record supports the 
conclusion that, Type V cement sold as Type V and Type II cement was 
not sold in the ordinary course of trade, and provide an explanation 
recognizing the implications of the economic interrelationship of 
issues developed in the Seventh Review Remand Determination, the 
presence or absence of facts on the record regarding promotional 
quality, and the resulting interaction of all of the factors examined 
in the reconsideration;
    2. If, upon reconsideration, a determination is made which alters 
the selection of sales for comparison purposes from that made in the 
original and first remand determination, consider the comparison issues 
raised by the CDC in conformance with the positions taken by the 
majority opinions in the Seventh Review Panel; and
    3. Reconsider the calculation of the DIFMER allowance on the basis 
that any positive DIFMER allowance could be considered adverse to 
CEMEX, that the

[[Page 69143]]

calculation must be a ``reasonably accurate estimate'' of the actual 
rate, that the calculation must be made in a manner that reflects 
differences in physical characteristics, and that the result must, 
while providing a deterrent for non-compliance, not be punitive, and 
provide an adequate explanation of that calculation.
    The Department's decision in the final results of the Sixth 
Administrative Review Remand Determination is, in all other respects, 
upheld.
    The Department was directed to complete its redetermination with 
regard to remand issues within 45 days of the date of the opinion, or 
not later than December 19, 2005.

    Dated: November 3, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-22503 Filed 11-10-05; 8:45 am]
BILLING CODE 3510-GT-P

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