North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review., 44705 [E8-17534]

Download as PDF Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices merchandise includes the crude pigment in any form (e.g., dry powder, paste, wet cake) and finished pigment in the form of presscake and dry color. Pigment dispersions in any form (e.g., pigments dispersed in oleoresins, flammable solvents, water) are not included within the scope of the review. The merchandise subject to this review is classifiable under subheading 3204.17.9040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the merchandise in the scope of the order is dispositive. jlentini on PROD1PC65 with NOTICES Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. No other party requested an administrative review of the countervailing duty order on carbazole violet pigment 23 from India. Petitioners withdrew their request on both Alpanil and Pidilite within the 90 days of the January 28, 2008 publication of the notice of initiation of this administrative review. Therefore, in response to petitioners’ withdrawal of their request for an administrative review pursuant to 19 CFR 351.213(d)(1), the Department hereby rescinds the administrative review of the countervailing duty order on carbazole violet pigment 23 from India. The Department intends to issue assessment instructions to U.S. Customs and Border Protection 15 days after the date of publication of this rescission of administrative review. This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective disorder is hereby requested. Failure to comply with the regulations and terms of APO is a sanctionable violation. This notice is published in accordance with the sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). VerDate Aug<31>2005 16:41 Jul 30, 2008 Jkt 214001 Dated: July 24, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–17585 Filed 7–30–08; 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. ACTION: Notice of First Request for Panel Review. AGENCY: SUMMARY: On July 23, 2008, Productos Laminados de Monterrey S.A. de C.V. and Prolamsa, Inc. (collectively, ‘‘Prolamsa’’) 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 Determination of Sales at Less Than Fair Value made by the International Trade Administration respecting Light-Walled Rectangular Pipe and Tube From Mexico. The determination was published in the Federal Register (73 FR 35649) on June 24, 2008. The NAFTA Secretariat has assigned Case Number USA–MEX–2008–1904–03 to this request. FOR FURTHER INFORMATION CONTACT: Valerie Dees, 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 44705 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 July 23, 2008, requesting panel review of the 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 August 22, 2008); (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 September 8, 2008); 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: July 25, 2008. Valerie Dees, United States Secretary, NAFTA Secretariat. [FR Doc. E8–17534 Filed 7–30–08; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XJ33 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability and request for comment. AGENCY: SUMMARY: Notice is hereby given that NMFS has received an application from the Washington Department of Fish and Wildlife (WDFW), for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is ten years. This document serves to E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Notices]
[Page 44705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17534]


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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 July 23, 2008, Productos Laminados de Monterrey S.A. de 
C.V. and Prolamsa, Inc. (collectively, ``Prolamsa'') 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 Determination of 
Sales at Less Than Fair Value made by the International Trade 
Administration respecting Light-Walled Rectangular Pipe and Tube From 
Mexico. The determination was published in the Federal Register (73 FR 
35649) on June 24, 2008. The NAFTA Secretariat has assigned Case Number 
USA-MEX-2008-1904-03 to this request.

FOR FURTHER INFORMATION CONTACT: Valerie Dees, 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 July 23, 2008, requesting panel review of the 
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 August 22, 2008);
    (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 September 8, 
2008); 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: July 25, 2008.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. E8-17534 Filed 7-30-08; 8:45 am]
BILLING CODE 3510-GT-P

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