North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 47487 [E6-13594]
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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Notices
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.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: On August 11, 2006, the
binational panel issued its decision in
the review of the final determination
made by the International Trade
Administration, respecting Oil Country
Tubular Goods from Mexico Final
Antidumping Duty Administrative
Review and Determination not to
Revoke, Secretariat File No. USA–MEX–
2001–1904–05. The binational panel
remanded the determination 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 concluded
that the Department acted in an
arbitrary and capricious fashion when it
failed to adequately justify its
determination that Hylsa did not ship
the subject matter goods in commercial
quantities during the periods of review
VerDate Aug<31>2005
16:36 Aug 16, 2006
Jkt 208001
in question. We therefore are remanding
the matter to the Department for further
consideration, in light of the issues
raised by the Panel. This is necessary
because of our decision that the results
of the ninth administrative review
cannot be taken into account by the
Department in its decision in the fourth
review, leaving the commercial
quantities determination the sole basis
for its refusal to revoke the antidumping
order against Hylsa.
For the foregoing reasons the Panel
orders that this matter be remanded to
the Department of Commerce to
reconsider its determination that Hylsa
did not ship in commercial quantities
consistent with the findings of the
Panel.
The Department shall report the
results of its remand decision within 45
days of the date of the opinion or not
later than September 25, 2006.
Dated: August 14, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–13594 Filed 8–16–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 081106A ]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits (EFPs)
Department of Commerce,
National Oceanic and Atmospheric
Administration (NOAA), National
Marine Fisheries Service (NMFS).
ACTION: Notification of a proposal for an
EFP; request for comments.
AGENCY:
SUMMARY: The Administrator, Northeast
Region, NMFS (Regional Administrator)
has made a preliminary determination
that the subject Exempted Fishing
Permit (EFP) proposal contains all the
required information and warrants
further consideration. The Regional
Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic Sea Scallop
Fishery Management Plan (FMP).
However, further review and
consultation may be necessary before a
final determination is made to issue the
EFP. Therefore, NMFS announces that
the Regional Administrator proposes to
issue an EFP that would allow vessels
to conduct fishing operations that are
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Frm 00009
Fmt 4703
Sfmt 4703
47487
otherwise restricted by the regulations
governing the fisheries of the
Northeastern United States. The EFP
would allow for exemptions from
Atlantic sea scallop open area days-atsea (DAS), in the event that there is an
insufficient number of trips in the
scallop access area made available to
compensate research authorized under
the Sea Scallop Research Set-aside
Program (RSA Program).
DATES: Comments on this document
must be received on or before
September 1, 2006.
ADDRESSES: Written comments should
be submitted by any of the following
methods:
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope, ‘‘Comments on sea
scallop RSA EFP proposal;’’
• E-mail: SC-RSA–006@noaa.gov,
include ‘‘Comments on sea scallop RSA
EFP proposal’’ in the subject line of the
e-mail;
• Fax: (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Ryan Silva, Fishery Management
Specialist, phone: 978–281–9326, fax:
978–281–9135.
SUPPLEMENTARY INFORMATION:
Regulations currently allocate 0.2
percent of the Southern New England
and Georges Bank YT TACs to the
Nantucket Lightship Scallop Access
Area (NLCA) and Closed Area II Scallop
Access Area (CAII), respectively, for
research and/or compensation trips
conducted under the RSA program. RSA
YT bycatch TACs are 644 lb (292 kg) for
the NLCA, and 9,127 lb (4,140 kg) for
CAII. Seven RSA projects have been
recommended by the Regional
Administrator for funding through the
2006 RSA Program. Six of these projects
will be allocated scallops set-aside from
the NLCA and/or CAII, pending
approval of the projects through the
NOAA Grants Review Process. If one or
both of the Access Areas were closed as
a result of the attainment of the RSA YT
bycatch TAC, a project may become
substantially under-funded, and be
unable to accomplish the objectives it
was intended to achieve.
For the commercial scallop fishery,
the YT bycatch TACs are monitored
using scallop data provided by vessel
operators, and scallop and YT bycatch
data provided by at-sea observers.
NMFS determines a YT bycatch rate
from these data in order to determine
the status of the bycatch TAC. The
NLCA was closed on July 20, 2006, for
the remainder of the 2006 scallop
fishing year (FY) to commercial scallop
E:\FR\FM\17AUN1.SGM
17AUN1
]]>Agencies
[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Notices]
[Page 47487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13594]
[[Page 47487]]
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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 August 11, 2006, the binational panel issued its decision
in the review of the final determination made by the International
Trade Administration, respecting Oil Country Tubular Goods from Mexico
Final Antidumping Duty Administrative Review and Determination not to
Revoke, Secretariat File No. USA-MEX-2001-1904-05. The binational panel
remanded the determination 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 concluded that the Department acted in an
arbitrary and capricious fashion when it failed to adequately justify
its determination that Hylsa did not ship the subject matter goods in
commercial quantities during the periods of review in question. We
therefore are remanding the matter to the Department for further
consideration, in light of the issues raised by the Panel. This is
necessary because of our decision that the results of the ninth
administrative review cannot be taken into account by the Department in
its decision in the fourth review, leaving the commercial quantities
determination the sole basis for its refusal to revoke the antidumping
order against Hylsa.
For the foregoing reasons the Panel orders that this matter be
remanded to the Department of Commerce to reconsider its determination
that Hylsa did not ship in commercial quantities consistent with the
findings of the Panel.
The Department shall report the results of its remand decision
within 45 days of the date of the opinion or not later than September
25, 2006.
Dated: August 14, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6-13594 Filed 8-16-06; 8:45 am]
BILLING CODE 3510-GT-P
