North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 19874-19875 [E6-5710]
Download as PDF
<![CDATA[
19874
Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Notices
hsrobinson on PROD1PC68 with NOTICES
continue to order the suspension of
liquidation of the subject merchandise,
where appropriate, until there is a
‘‘conclusive’’ decision in this case. If the
case is not appealed, or if it is affirmed
on appeal, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to liquidate all relevant entries
from Ta Chen Stainless Steel Pipe, Ltd.
(‘‘Ta Chen’’) and revise the cash deposit
rates as appropriate.
EFFECTIVE DATE: April 18, 2006.
FOR FURTHER INFORMATION CONTACT: Alex
Villanueva, AD/CVD Operations, Office
9, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 1401 Constitution
Avenue, NW, Washington, DC 20230;
telephone; 202–482–3208, fax; 202–
482–9089.
SUPPLEMENTARY INFORMATION:
Background
Following publication of the Final
Results, Ta Chen filed a lawsuit with the
CIT challenging the Department’s
findings in Certain Stainless Steel Butt–
Weld Pipe Fittings From Taiwan and
Accompanying Issues and Decisions
Memorandum; Final Results of 1998–
1999 Administrative Review, 65 FR
81827, 81830 (December 27, 2000)
(‘‘Final Results’’).1 In Alloy Piping v.
United States, Slip Op. 04–46 (CIT
2004) (‘‘Alloy Piping I’’), the CIT
instructed the Department to (1)
reconsider the factual and legal basis for
its determination concerning the alleged
reimbursement agreement; and (2)
reconsider its calculation of CEP2 profit.
The Draft Final Results Pursuant to
Remand (‘‘Draft Results’’) were released
to parties on August 5, 2004. The
Department received comments from
interested parties on the Draft Results
on August 9, 2004. There were no
substantive changes made to the
Remand Results as a result of comments
received on the Draft Results. On
August 16, 2004, the Department
responded to the CIT’s Order of Remand
by filing the Remand Results. In the
Remand Results, the Department
reconsidered its decision concerning the
reimbursement agreement and
determined that the reimbursement
agreement, in light of the new
information submitted by Ta Chen on
May 18, 2004, indicated that the
reimbursement agreement did not apply
for the June 1, 1998, through May 31,
1999, period, but was limited to the
1992–1994 period. The Department also
reconsidered its CEP Profit calculation
and determined that the CEP Profit
1 The
period of review is June 1, 1998, through
May 31, 1999 (‘‘POR’’).
2 Constructed Export Price
VerDate Aug<31>2005
15:03 Apr 17, 2006
Jkt 208001
equation is symmetric with regard to the
imputed interest expenses such that the
imputed interest expenses in the ‘‘Total
U.S. Expenses’’ numerator are in fact
reflected in recognized financial
expenses in the ‘‘Total Expenses’’
denominator and the ‘‘Total Actual
Profit’’ multiplier. Thus, the Department
did not change Ta Chen’s CEP Profit. As
a result of the remand determination,
the antidumping duty rate for Ta Chen
was decreased from 12.84 to 6.42
percent.
On April 6, 2006, the CIT affirmed the
Department’s findings in the Remand
Results. Specifically, the CIT upheld the
Department’s finding that Ta Chen was
not reimbursing antidumping duties
during the POR and that the
Department’s calculation of CEP profit
was accurate. See Alloy Piping II. As
noted above, this revision resulted in a
change in Ta Chen’s margin.
Suspension of Liquidation
The CAFC, in Timken, held that the
Department must publish notice of a
decision of the CIT or the CAFC which
is not ‘‘in harmony’’ with the
Department’s final determination or
results. Publication of this notice fulfills
that obligation. The CAFC also held that
the Department must suspend
liquidation of the subject merchandise
until there is a ‘‘conclusive’’ decision in
the case. Therefore, pursuant to Timken,
the Department must continue to
suspend liquidation pending the
expiration of the period to appeal the
CIT’s April 6, 2006, decision, or, if that
decision is appealed, pending a final
decision by the CAFC. The Department
will instruct Customs to revise cash
deposit rates, as appropriate, and to
liquidate relevant entries covering the
subject merchandise in the event that
the CIT’s ruling is not appealed, or if
appealed and upheld by the CAFC.
Dated: April 13, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. 06–3743 Filed 4–17–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904 NAFTA Panel
Reviews; Request for Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
AGENCY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
ACTION:
Notice of First Request for Panel
Review.
SUMMARY: On April 3, 2006, Wynndel
Box & Lumber Co., Ltd. (‘‘Wynndel’’),
filed a First Request for Panel Review
with the United States Section of the
NAFTA Secretariat pursuant to Article
1904 of the North American Free Trade
Agreement. Panel review was requested
of the Final Scope Ruling Regarding
Entries Made Under HTSUS 4409.10.05
made by the United States Department
of Commerce, International Trade
Administration, respecting Certain
Softwood Lumber Products from
Canada. Notification of this final
determination was received by the other
Party on March 8, 2006. The NAFTA
Secretariat has assigned Case Number
USA–CDA–2006–1904–05 to this
request.
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).
A first Request for Panel Review was
filed with the United States Section of
the NAFTA Secretariat, pursuant to
Article 1904 of the Agreement, on April
3, 2006, requesting panel review of the
final determination described above.
The Rules provide that
(a) a Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is May 3, 2006);
(b) a Party, investigating authority or
interested person that does not file a
E:\FR\FM\18APN1.SGM
18APN1
Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Notices
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is May
18, 2006); and
(c) the panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
investigating authority, that are set out
in the Complaints filed in the panel
review and the procedural and
substantive defenses raised in the panel
review.
Dated: April 12, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–5710 Filed 4–17–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 041106A]
Marine Mammals; File Nos. 781–1824,
965–1821, 532–1822, 540–1811, 774–
1714, 782–1719, 731–1774
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits and
amendments.
hsrobinson on PROD1PC68 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
seven entities have been issued permits
and amendments to conduct scientific
research on marine mammal species and
import marine mammal part specimens
for scientific research purposes.
ADDRESSES: The permits and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521;
Northwest Region, NMFS, 7600 Sand
Point Way NE, BIN C15700, Bldg. 1,
Seattle, WA 98115–0700; phone
(206)526–6150; fax (206)526–6426;
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018; and
Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802–1668; phone
(907)586–7221; fax (907)586–7249.
VerDate Aug<31>2005
15:03 Apr 17, 2006
Jkt 208001
FOR FURTHER INFORMATION CONTACT:
Shane Guan or Kelsey Abbott, (301)713–
2289.
SUPPLEMENTARY INFORMATION: Permits
have been issued to the following
entities:
Northwest Fisheries Science Center
(NWFSC, Dr. M. Bradley Hanson,
Principal Investigator), 2725 Montlake
Blvd. East, Seattle, Washington 98112–
2097 (Permit No. 781–1824);
Southwest Fisheries Science Center
(SWFSC, Dr. Stephen B. Reilly,
Principal Investigator), 8604 La Jolla
Shores Drive, La Jolla, California 92037
(Permit No. 774–1714);
National Marine Mammal Laboratory,
Alaska Fisheries Science Center
(NMML, Dr. John L. Bengtson, Principal
Investigator), 7600 Sand Point Way, NE.,
Seattle, Washington 98115–6349 (Permit
No. 782–1719);
Dr. Robin W. Baird, Cascadia
Research, 218 1/2 W. 4th Avenue,
Olympia, Washington 98501 (Permit No.
731–1774);
Dr. David E. Bain, Friday Harbor
Laboratories, University of Washington,
620 University Road, Friday Harbor,
Washington 98250 (Permit No. 965–
1821);
Center for Whale Research (CWR, Mr.
Kenneth C. Balcomb III, Principal
Investigator), 355 Smuggler’s Cove
Road, Friday Harbor, Washington 98250
(Permit No. 532–1822); and
Mr. John Calambokidis, Cascadia
Research, Waterstreet Bldg., 218 1/2 W.
4th Avenue, Olympia, Washington
98501 (File No. 540–1811).
On January 6, 2006, notice was
published in the Federal Register (71
FR 917) that requests for scientific
research permits and amendments to
take marine mammals had been
submitted by the above-named
organizations and individuals. The
requested permits and amendments
have been issued under the authority of
the Marine Mammal Protection Act of
1972, as amended (16 U.S.C. 1361 et
seq.), the regulations governing the
taking and importing of marine
mammals (50 CFR part 216), the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
Permit No. 781–1824 authorizes the
NWFSC to conduct research to
determine the abundance, distribution,
movement patterns, habitat use,
contaminant levels, prey, behavior,
energetics, and stock structure of
cetacean species in the eastern North
Pacific off the coast of Washington,
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
19875
Oregon, and California. These studies
will be carried out through vessel
surveys, photo-identification from large
and small vessels, biological sample
collection, passive acoustic monitoring,
and satellite/radio and data log/timedepth tagging and tracking. The permit
authorizes NWFSC to take endangered
blue whales (Balaenoptera musculus),
fin whales (Balaenoptera physalus),
humpback whales (Megaptera
novaeangliae), sperm whales (Physeter
macrocephalus), and Southern Resident
killer whales (SRKW, Orcinus orca), as
well as 15 non-ESA-listed cetacean
species. The permit expires on April 14,
2011.
Permit No. 965–1821 authorizes Dr.
David Bain to study killer whales,
including the SRKW DPS. Dr. Bain’s
research is designed to examine killer
whale distribution and movement
patterns; diet and energetic
requirements; reproduction and
mortality patterns; health; social
structure; and the effects of
anthropogenic disturbances, including
noise, on the whales. Research will
focus on the inland waters of
Washington with comparative data
collected from central California to
central Alaska. The permit expires on
April 14, 2011.
Permit No. 532–1822 issued to the
CWR authorizes annual photoidentification studies on SRKW
throughout their range to monitor
population size and demographics,
movements and distribution, social
structure, and individual health and
body condition of these animals. CWR
will also collect photo-identification
data from other killer whale stocks that
are encountered opportunistically,
including the Eastern North Pacific
Offshore stock, Eastern North Pacific
Northern Resident stock, and the
Eastern North Pacific Transient stock.
This permit expires April 14, 2011.
Permit No. 540–1811 authorizes John
Calambokidis to study marine mammals
in the North Pacific Ocean including the
waters off California, Oregon, and
Washington. Mr. Calambokidis will: (1)
use photo-identification activities to
determine the abundance, movements,
and population structure of cetaceans;
(2) collect skin biopsies to determine
sex and relatedness, and to evaluate
stock structure of cetaceans; (3) conduct
suction cup tagging activities to
examine the diving behavior, feeding,
movements, and vocal behavior of
cetacean species; (4) conduct aerial,
vessel, and shore-based surveys to
examine distribution, abundance,
habitat, and feeding behavior; and (5) to
recover dead harbor seals for
contaminant analysis. The permit
E:\FR\FM\18APN1.SGM
18APN1
]]>Agencies
[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Notices]
[Pages 19874-19875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade Agreement, Article 1904 NAFTA Panel
Reviews; Request for Panel Review
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of First Request for Panel Review.
-----------------------------------------------------------------------
SUMMARY: On April 3, 2006, Wynndel Box & Lumber Co., Ltd.
(``Wynndel''), filed a First Request for Panel Review with the United
States Section of the NAFTA Secretariat pursuant to Article 1904 of the
North American Free Trade Agreement. Panel review was requested of the
Final Scope Ruling Regarding Entries Made Under HTSUS 4409.10.05 made
by the United States Department of Commerce, International Trade
Administration, respecting Certain Softwood Lumber Products from
Canada. Notification of this final determination was received by the
other Party on March 8, 2006. The NAFTA Secretariat has assigned Case
Number USA-CDA-2006-1904-05 to this request.
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).
A first Request for Panel Review was filed with the United States
Section of the NAFTA Secretariat, pursuant to Article 1904 of the
Agreement, on April 3, 2006, requesting panel review of the final
determination described above.
The Rules provide that
(a) a Party or interested person may challenge the final
determination in whole or in part by filing a Complaint in accordance
with Rule 39 within 30 days after the filing of the first Request for
Panel Review (the deadline for filing a Complaint is May 3, 2006);
(b) a Party, investigating authority or interested person that does
not file a
[[Page 19875]]
Complaint but that intends to appear in support of any reviewable
portion of the final determination may participate in the panel review
by filing a Notice of Appearance in accordance with Rule 40 within 45
days after the filing of the first Request for Panel Review (the
deadline for filing a Notice of Appearance is May 18, 2006); and
(c) the panel review shall be limited to the allegations of error
of fact or law, including the jurisdiction of the investigating
authority, that are set out in the Complaints filed in the panel review
and the procedural and substantive defenses raised in the panel review.
Dated: April 12, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6-5710 Filed 4-17-06; 8:45 am]
BILLING CODE 3510-GT-P
