North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 60692-60693 [E6-17126]

Download as PDF 60692 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices their expressed lack of interest in having this merchandise, as described above, continue to be subject to the antidumping duty order on stainless steel bar from Japan. jlentini on PROD1PC65 with NOTICES Scope of the Order The scope of the order covers stainless steel bar (SSB). The term SSB with respect to the order means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut-length flat-rolled products (i.e., cutlength rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The SSB subject to this order is currently classifiable under subheadings 7222.10.0005, 7222.10.0050, 7222.20.0005, 7222.20.0045, 7222.20.0075, and 7222.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Initiation of Changed-Circumstances Review Pursuant to section 751(b)(1) of the Act, the Department will conduct a changed-circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. As stated above, on August 28, 2006, TRW requested a determination by the Department in accordance with 19 CFR 351.216(b) to exclude the product described above from the scope of the order. TRW also requested that VerDate Aug<31>2005 16:16 Oct 13, 2006 Jkt 211001 the Department make the revocation effective February 1, 2006. Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b), we are initiating a changed-circumstances review. Although the petitioners and domestic interested parties have expressed a lack of interest in the order with respect to the product in question, they did not claim that they represent substantially all of the production of the domestic like product nor has the Department made such a determination. Interested parties are invited to comment on this initiation or to demonstrate that the petitioners and domestic interested parties account for substantially all of the production of the domestic like product. Public Comment Interested parties may submit comments which the Department will take into account in the preliminary results of this review. The due date for filing any such comments is no later than 15 days after the date of publication of this notice. Responses to those comments may be submitted not later than 7 days following submission of the comments. All written comments must be submitted in accordance with 19 CFR 351.303. The Department will publish in the Federal Register a notice of preliminary results of changedcircumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the Department’s preliminary factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and § 351.221(b) of the Department’s regulations. Dated: October 10, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–17149 Filed 10–13–06; 8:45 am] BILLING CODE 3510–DS–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 AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Administration, Department of Commerce. ACTION: Notice of Decision of Panel. SUMMARY: On October 6, 2006, the binational panel issued its decision in the full sunset review of the antidumping and countervailing duty determination made by the International Trade Commission, respecting Magnesium from Canada, Secretariat File No. USA–CDA–2000–1904–09. The binational panel affirmed the International Trade Commission determination with two dissenting opinions. 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: The majority opinion stated that ‘‘While the Panel had some reasonable concerns about the evidence supporting the Commission’s price underselling finding, the totality of the Commission’s determination, including its alternative price depression finding, is reasonable, made in accordance with law, and supported by substantial evidence on the record as a whole. Therefore, the second determination on remand is hereby AFFIRMED’’. The minority opinion stated ‘‘Having reviewed the Commission Second Remand Determination, the briefs, E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices substantial parts of the Record and the views of the majority, we hold unlawful the Commission’s findings as they are unsupported by substantial evidence on the record’’. 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: October 10, 2006. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E6–17126 Filed 10–13–06; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Allocation of Resources for Fire Service and Emergency Medical Service ACTION: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before December 15, 2006. SUMMARY: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Jason D. Averill, Fire Protection Engineer, 100 Bureau Drive, Gaithersburg, MD 20899–8664, (301) 975–2585; or jason.averill@nist.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: jlentini on PROD1PC65 with NOTICES I. Abstract This information collection will be conducted by the Building and Fire Research Laboratory, a part of the National Institution of Standards and Technology, to establish a technical basis for optimal allocation of fire service and emergency medical service (EMS) resources. Presently, no scientifically-based method exists with which a fire chief or local administrator VerDate Aug<31>2005 16:16 Oct 13, 2006 Jkt 211001 may evaluate the capacity of the fire and emergency medical services to respond to risks which are or may be present within the community served. Additionally, there is no validated capability to quantitatively evaluate alternative levels of hazard mitigation or services. This project will provide the technical foundation to model the existing community hazards and response capacity, as well as explore the impact of changes to the service capacity. II. Method of Collection Respondents from fire and emergency service districts throughout the United States will record event-specific fire and emergency medical response data through a secure, web-based database program. Respondents are authorized representatives of a fire or EMS district trained in the data entry format required in this data collection. The data will be collected in a statistically representative manner in order to support generalization of the findings to a wide array of communities in the United States. III. Data OMB Number: None. Form Number: None. Type of Review: Regular. Affected Public: State, Local, or Tribal Government. Estimated Number of Respondents: 128. Estimated Time Per Response: 10 minutes per response. Estimated Total Annual Burden Hours: 4,267. Estimated Total Annual Cost to Public: $0.00. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 60693 Dated: October 10, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6–17068 Filed 10–13–06; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 071806C] Incidental Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Eglin Air Force Base (EAFB) for the take of marine mammals, by Level B harassment only, incidental to Naval Explosive Ordnance Disposal School (NEODS) training operations at EAFB, Florida. Effective from October 5, 2006, through October 4, 2007. ADDRESSES: A copy of the IHA and the application are available by writing to Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, or by telephoning the contact listed here. A copy of the application containing a list of references used in this document may be obtained by writing to this address, by telephoning the contact listed here (FOR FURTHER INFORMATION CONTACT) or online at: http://www.nmfs.noaa.gov/pr/ permits/incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected Resources, NMFS, (301) 713–2289, ext. 166. SUPPLEMENTARY INFORMATION: DATES: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60692-60693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17126]


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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.

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SUMMARY: On October 6, 2006, the binational panel issued its decision 
in the full sunset review of the antidumping and countervailing duty 
determination made by the International Trade Commission, respecting 
Magnesium from Canada, Secretariat File No. USA-CDA-2000-1904-09. The 
binational panel affirmed the International Trade Commission 
determination with two dissenting opinions. 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:
    The majority opinion stated that ``While the Panel had some 
reasonable concerns about the evidence supporting the Commission's 
price underselling finding, the totality of the Commission's 
determination, including its alternative price depression finding, is 
reasonable, made in accordance with law, and supported by substantial 
evidence on the record as a whole. Therefore, the second determination 
on remand is hereby AFFIRMED''.
    The minority opinion stated ``Having reviewed the Commission Second 
Remand Determination, the briefs,

[[Page 60693]]

substantial parts of the Record and the views of the majority, we hold 
unlawful the Commission's findings as they are unsupported by 
substantial evidence on the record''.
    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: October 10, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E6-17126 Filed 10-13-06; 8:45 am]
BILLING CODE 3510-GT-P