North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 52024-52025 [E8-20738]

Download as PDF 52024 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices Final Results of Antidumping Duty Administrative Review, 61 FR 6812 (February 22, 1996), (where the Department disregarded the highest margin in that case as adverse best information available (the predecessor to facts available) because the margin was based on another company’s uncharacteristic business expense, resulting in an unusually high margin). Similarly, the Department does not apply a margin that has been discredited. See D & L Supply Co. v. United States, 113 F.3d 1220, 1221 (Fed. Cir. 1997) (the Department will not use a margin that has been judicially invalidated). There is no information reasonably available at our disposal in this review to corroborate the relevance of the AFA rate in question, which, as discussed above, was last corroborated in the LTFV Investigation. We cannot use the margin calculations of other companies because there are no other respondents in this review. Therefore, because there is no record evidence calling into question the relevance of the selected AFA rate, we find that it is relevant for use in this administrative review. Because the AFA rate, 66.65 percent, is both reliable and relevant, we determine that it has probative value. As a result, the Department determines that the 66.65 percent rate is corroborated for the purposes of this administrative review and may reasonably be applied to the PRC–wide entity, as AFA. Preliminary Results of the Review The Department preliminarily finds that the following margins exist for the following exporters under review during the period December 1, 2006, through November 30, 2007: PORCELAIN–ON-STEEL COOKING WARE FROM THE PRC Manufacturer/Exporter Weighted–Average Margin (Percent) mstockstill on PROD1PC66 with NOTICES PRC–Wide Entity (which includes Xiamen Songson Plastic Hardware Co., Ltd.) ........................... 66.65 Any interested party may request a hearing within 30 days of publication of this notice. Interested parties who wish to request a hearing or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) VerDate Aug<31>2005 17:59 Sep 05, 2008 Jkt 214001 a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. Case briefs from interested parties may be submitted not later than 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. Parties are also encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any such written briefs or at the hearing, if held, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment of Antidumping Duties The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of the final results of this review. If these preliminary results are adopted in our final results of the review, we will direct CBP to assess the resulting rate against the entered customs value for the subject merchandise on each importer’s/ customer’s entries during the POR, as appropriate. Cash Deposit Requirements The following cash–deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) for subject merchandise exported by the PRC, including Songson, the cash–deposit rate will be equal to 66.65 percent; (2) the cash– deposit rate for PRC exporters who received a separate rate in a prior segment of the proceeding will continue to be the rate assigned in that segment of the proceeding; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash–deposit rate will be the PRC–wide rate of 66.65 percent; (4) for all non–PRC exporters of subject merchandise, the cash–deposit rate will PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 be the rate applicable to the PRC exporter that supplied that exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: September 2, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–20748 Filed 9–5–08; 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 August 29, 2008, Nacional de Acero S.A. de C.V. (‘‘Nacional’’) 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 Injury Determination made by the United States International Trade Commission respecting Light-Walled Rectangular Pipe and Tube from China, Korea, and Mexico. The determination was published in the Federal Register (73 FR 45244) on August 4, 2008. The NAFTA Secretariat has assigned Case Number USA–MEX–2008–1904–04 to this request. FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th E:\FR\FM\08SEN1.SGM 08SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 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 August 29, 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 September 29, 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 October 14, 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: September 3, 2008. Valerie Dees, United States Secretary, NAFTA Secretariat. [FR Doc. E8–20738 Filed 9–5–08; 8:45 am] BILLING CODE 3510–GT–P VerDate Aug<31>2005 17:59 Sep 05, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration Notice and Call for Applications for the International Buyer Program for the Period January 1, 2010 through December 31, 2010 International Trade Administration, Department of Commerce. ACTION: Notice and Call for Applications for the International Buyer Program for the period January 1, 2010 through December 31, 2010. AGENCY: SUMMARY: This notice sets forth objectives, procedures and application review criteria associated with support for domestic trade shows by the International Buyer Program (IBP) of the U.S. Department of Commerce (DOC). This announcement covers selection for International Buyer Program participation for calendar year 2010 (January 1, 2010 through December 31, 2010). The International Buyer Program was established to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The International Buyer Program emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. The assistance provided to show organizers includes worldwide overseas promotion of selected shows to potential international buyers, endusers, representatives and distributors. The worldwide promotion is executed through the offices of the DOC U.S. and Foreign Commercial Service (hereinafter referred to as the Commercial Service) in more than 70 countries representing the United States’ major trading partners, and also in U.S. Embassies in countries where the Commercial Service does not maintain offices. The DOC expects to select approximately 40 trade shows for the January 1, 2010 through December 31, 2010 period from among applicants to the program. Shows selected for the International Buyer Program will provide a venue for U.S. companies interested in expanding their sales into international markets. Successful show organizer applicants will be required to enter into a Memorandum of Agreement (MOA) with the DOC. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities are to be undertaken by PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 52025 the DOC as part of the International Buyer Program and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this Federal Register Notice. The responsibilities to be undertaken by the DOC will be carried out by the Commercial Service. DATES: Applications must be received within 60 days after the publication date of this Federal Register Notice. ADDRESSES: International Buyer Program, Global Trade Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave., Ronald Reagan Center, Suite 800M—Mezzanine Level— Atrium North, Washington, DC 20004. Telephone (202) 482–4207; Facsimile: (202) 482–7800; E-mail: Blanche.Ziv@mail.doc.gov (for deadline purposes, facsimile and e-mail applications will be accepted as interim applications, to be followed by signed original applications to be received within five (5) business days after the application deadline). To ensure that applications are timely received by the deadline, applicants are strongly urged to send applications by hand delivery service. FOR FURTHER INFORMATION CONTACT: Blanche Ziv, Manager, International Buyer Program, Global Trade Programs, U.S. and Foreign Commercial Service, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave., Ronald Reagan Center, Suite 800M—Mezzanine Level— Atrium North, Washington, DC 20004; Telephone (202) 482–4207; Facsimile: (202) 482–7800; E-mail: Blanche.Ziv@mail.doc.gov. The Commercial Service is accepting applications for the International Buyer Program for trade events taking place between January 1, 2010, and December 31, 2010. A participation fee of $8,000 for shows of five days or less is required. For trade shows more than five days in duration, or requiring more than one International Business Center, a participation fee of $14,000 is required. For trade shows ten days or more in duration, and/or requiring more than two International Business Centers, the participation fee will be negotiated, but shall not be less than $19,500. Under the International Buyer Program, the Commercial Service seeks to bring together international buyers with U.S. firms by selecting and promoting in international markets U.S. SUPPLEMENTARY INFORMATION: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Pages 52024-52025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20738]


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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 August 29, 2008, Nacional de Acero S.A. de C.V. 
(``Nacional'') 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 Injury Determination made by the United States International 
Trade Commission respecting Light-Walled Rectangular Pipe and Tube from 
China, Korea, and Mexico. The determination was published in the 
Federal Register (73 FR 45244) on August 4, 2008. The NAFTA Secretariat 
has assigned Case Number USA-MEX-2008-1904-04 to this request.

FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, 
NAFTA Secretariat, Suite 2061, 14th

[[Page 52025]]

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 August 29, 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 September 29, 
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 October 14, 
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: September 3, 2008.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. E8-20738 Filed 9-5-08; 8:45 am]
BILLING CODE 3510-GT-P