North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 75940-75941 [E6-21542]
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75940
Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices
351.221, the Department initiated this
changed circumstances review of the
CVD order to determine whether
Hyundai is the successor–in-interest to
INI. In the context of changed
circumstances reviews of an AD order
involving, E.G., a change in a company’s
name, structure or ownership, the
Department relies on its successor–ininterest analysis to determine whether
the newly named or structured company
remains essentially the same as the
predecessor company. See, e.g., Notice
of Final Results of Antidumping Duty
Changed Circumstances Review; Certain
Forged Stainless Steel Flanges From
India, 71 FR 31156 (June 1, 2006), CITING
hsrobinson on PROD1PC76 with NOTICES
INDUSTRIAL PHOSPHORIC ACID FROM
ISRAEL; FINAL RESULTS OF ANTIDUMPING
DUTY CHANGED CIRCUMSTANCES REVIEW,
59 FR 6944, 6945 (February 14, 1994).
If the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the successor
company operates as the same business
entity as its predecessor, the Department
will assign the successor the existing
cash deposit rate of its predecessor.
For similar changed circumstances in
a CVD order, the appropriate focus of
the analysis for determining the cash
deposit rate for a successor company is
usually whether the successor company
operates as the same business entity as
its predecessor. For such determinations
in the context of a CVD order, however,
such an analysis may not always be
sufficient, in itself, to determine
whether it is appropriate to assign the
predecessor’s CVD cash deposit rate to
the successor where the circumstances
indicate that a change relevant to the
subsidy analysis may have occurred. We
do not find, however, that there are any
such circumstances in the instant
review, such as a privatization or sale of
a company, that would warrant going
beyond the Department’s standard
successor–in-interest analysis. In the
instant proceeding, we are only
examining a change in the name of the
company. Further, Hyundai has
presented evidence establishing that its
change in corporate name from INI to
Hyundai did not affect the company’s
operations such that they are materially
different to those of its predecessor. See
Hyundai’s March 22, 2006, submission
at Exhibits 2 though 4; see also
Hyundai’s April 11, 2006, submission at
page 3 and Exhibit 7. The evidence
indicates that Hyundai has essentially
the same corporate structure and
operations as INI.
Therefore, based on the record
evidence, and consistent with the
Department’s findings in the AD
Changed Circumstances Preliminary
Results, we preliminarily determine that
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17:07 Dec 18, 2006
Jkt 211001
the current cash deposit rate applicable
to INI shall be applicable to entries of
subject merchandise made by Hyundai,
entered on or after the publication date
of the final results of this changed
circumstances review. Thus, if these
preliminary results are adopted in the
final results of this changed
circumstances review, we will instruct
U.S. Customs and Border Protection to
collect a cash deposit at the rate of 0.54
percent ad valorem on all entries of
SSSS produced and exported by
Hyundai on or after the publication of
the final results of this review. This cash
deposit rate shall remain in effect until
publication of the final results of the
next administrative review in which
Hyundai participates.
In addition, the Department intends to
further consider the issue of whether
alternative or additional successorship
criteria would be appropriate in the
CVD context, and therefore, the
Department anticipates releasing a
separate Federal Register notice shortly
hereafter inviting parties to submit
public comments on the issue.
Public Comment
Interested parties are invited to
comment on these preliminary results.
Any written comments may be
submitted no later than 14 days after
date of publication of this notice.
Rebuttal briefs, limited to arguments
raised in case briefs, are due five days
after the case brief deadline. Case briefs
and rebuttal briefs must be served on
interested parties in accordance with 19
CFR 351.309. In accordance with 19
CFR 351.216(e), the Department will
publish the final results of the changed
circumstances review including the
results of its analysis of any issues
raised in any such comments within 270
days after the date on which the
changed circumstances review was
initiated.
This notice is in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216 and 351.221.
Dated: December 12, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–21634 Filed 12–18–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904; NAFTA Panel
Reviews; Completion of Panel Review
NAFTA Secretariat, United
States Section, International Trade
AGENCY:
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Administration, Department of
Commerce.
ACTION: Notice of Completion of Panel
Review of the final injury determination
made by the U.S. International Trade
Commission, in the matter of
Magnesium from Canada, Secretariat
File No. USA–CDA–00–1904–09.
SUMMARY: Pursuant to the Order of the
Binational Panel dated October 6, 2006,
affirming the final remand
determination described above, the
panel review was completed on
November 17, 2006.
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: On
October 6, 2006, the Binational Panel
issued an order which affirmed the final
determination of the United States
International Trade Commission (ITC)
concerning Magnesium from Canada
Injury Determination. The Secretariat
was instructed to issue a Notice of
Completion of Panel Review on the 31st
day following the issuance of the Notice
of Final Panel Action, if no request for
an Extraordinary Challenge was filed.
No such request was filed. Therefore, on
the basis of the Panel Order and Rule 80
of the Article 1904 Panel Rules, the
Panel Review was completed and the
panelists discharged from their duties
effective November 17, 2006.
Dated: December 14, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–21620 Filed 12–18–06; 8:45 am]
BILLING CODE 3510–GT–P
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.
ACTION: Notice of First Request for Panel
Review.
AGENCY:
SUMMARY: On November 27, 2006, the
Northwest Fruit Exporters filed a First
Request for Panel Review with the
Mexican Section of the NAFTA
Secretariat pursuant to Article 1904 of
the North American Free Trade
Agreement. Panel review was requested
of the final revocation of the
antidumping investigation, respecting
E:\FR\FM\19DEN1.SGM
19DEN1
hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices
the Importation of Various Red
Delicious Table Apples, Its Variations,
and Golden Delicious Apples
Originating From The United States of
America, Classified In Tariff item
08.08.10.01 This determination was
published in the Diario Oficial de la
Federacion, on November 2, 2006. The
NAFTA Secretariat has assigned Case
Number MEX–USA–2006–1904–02 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 Mexican Section of the
NAFTA Secretariat, pursuant to Article
1904 of the Agreement, on November
27, 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 December 27, 2006);
(b) a Party, investigating authority or
interested person that does not file a
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
January 22, 2007); and
(c) the panel review shall be limited
to the allegations of error of fact or law,
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17:07 Dec 18, 2006
Jkt 211001
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: December 12, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–21542 Filed 12–18–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 061128312–6312–01]
Precision Measurement Grants
Program; Availability of Funds
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The National Institute of
Standards and Technology (NIST)
announces that the Precision
Measurement Grants Program is
soliciting applications for financial
assistance for FY 2007. The Precision
Measurement Grants Program is seeking
proposals for significant research in the
field of fundamental measurement or
the determination of fundamental
constants.
Abbreviated proposals must be
received at the address listed below no
later than 5 p.m. Eastern Standard Time
on February 2, 2007. Proposals received
after this deadline will be returned with
no further consideration. Finalists will
be selected by approximately March 23,
2007, and will be requested to submit
full proposals to NIST. All full
proposals, paper and electronic, must be
received no later than 5 p.m. Eastern
Daylight Time on May 4, 2006.
ADDRESSES: Abbreviated proposals and
paper applications must be submitted
to: Dr. Peter J. Mohr; Manager, NIST
Precision Measurement Grants Program;
National Institute of Standards and
Technology; 100 Bureau Drive, Stop
8420; Gaithersburg, MD 20899–8420; Email: mohr@nist.gov. Electronic final
proposals should be uploaded to
Grants.gov.
DATES:
For
complete information about this
program and instructions for applying
by paper or electronically, read the
Federal Funding Opportunity (FFO)
Notice at https://www.grants.gov. A
paper copy of the FFO may be obtained
by calling (301) 975–6328. Technical
FOR FURTHER INFORMATION CONTACT:
PO 00000
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Fmt 4703
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75941
questions should be addressed to: Dr.
Peter J. Mohr at the address listed in the
Addresses section above, or at Tel: (301)
975–3217; E-mail: mohr@nist.gov.; Web
site: https://physics.nist.gov/pmg. Grants
Administration questions should be
addressed to: Grants and Agreements
Management Division; National Institute
of Standards and Technology; 100
Bureau Drive, Stop 1650; Gaithersburg,
MD 20899–1650; Tel: (301) 975–6328.
For assistance with using Grants.gov
contact support@grants.gov.
Catalog of
Federal Domestic Assistance Name and
Number: Measurement and Engineering
Research and Standards—11.609.
Program Description: The National
Institute of Standards and Technology
(NIST) announces that the Precision
Measurement Grants Program is
soliciting applications for financial
assistance for FY 2007. The Precision
Measurement Grants Program is seeking
proposals for significant research in the
field of fundamental measurement or
the determination of fundamental
constants. As part of its research
program, since 1970 NIST has awarded
Precision Measurement Grants primarily
to universities and colleges so that
faculty may conduct significant research
in the field of fundamental
measurement or the determination of
fundamental constants. NIST sponsors
these grants and cooperative agreements
primarily to encourage basic,
measurement-related research in
universities and colleges and other
research laboratories and to foster
contacts between NIST scientists and
those faculty members of academic
institutions and other researchers who
are actively engaged in such work. The
Precision Measurement Grants are also
intended to make it possible for
researchers to pursue new ideas for
which other sources of support may be
difficult to find. There is some latitude
in research topics that will be
considered under the Precision
Measurement Grants Program. The key
requirement is that the proposed project
is consistent with NIST’s ongoing work
in the field of basic measurement
science.
Funding Availability: Applicants
should propose multi-year projects for
up to three years at no more than
$50,000 per year. NIST anticipates
spending $100,000 this year for two new
grants at $50,000 each for the first year
of the research projects. NIST may
award both, one, or neither of these new
awards. Second and third year funding
will be at the discretion of NIST, based
on satisfactory performance, continuing
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Notices]
[Pages 75940-75941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21542]
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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 November 27, 2006, the Northwest Fruit Exporters filed a
First Request for Panel Review with the Mexican Section of the NAFTA
Secretariat pursuant to Article 1904 of the North American Free Trade
Agreement. Panel review was requested of the final revocation of the
antidumping investigation, respecting
[[Page 75941]]
the Importation of Various Red Delicious Table Apples, Its Variations,
and Golden Delicious Apples Originating From The United States of
America, Classified In Tariff item 08.08.10.01 This determination was
published in the Diario Oficial de la Federacion, on November 2, 2006.
The NAFTA Secretariat has assigned Case Number MEX-USA-2006-1904-02 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 bi-national 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 Mexican Section
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on
November 27, 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 December 27,
2006);
(b) a Party, investigating authority or interested person that does
not file a 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 January 22,
2007); 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: December 12, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6-21542 Filed 12-18-06; 8:45 am]
BILLING CODE 3510-GT-P
