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