North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 4940 [E9-1858]

Download as PDF 4940 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices Dated: January 16, 2009. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E9–1713 Filed 1–27–09; 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. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: On January 16, 2009, Ivaco Rolling Mills 2004 L.P. and Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P. (collectively, ‘‘Ivaco’’), 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 Results of the 2006–2007 Antidumping Duty Administrative Review made by the International Trade Administration, respecting Carbon and Certain Alloy Steel Wire Rod from Canada. The determination was published in the Federal Register (73 FR 77005) on December 18, 2008. The NAFTA Secretariat has assigned Case Number USA–CDA–2009–1904–01 to this request. FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230. (202) 482–5432. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (‘‘Agreement’’) established 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 VerDate Nov<24>2008 17:30 Jan 27, 2009 Jkt 217001 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 January 16, 2009, requesting a panel review of the determination and order 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 February 17, 2009); (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 March 2, 2009); 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 panel review and the procedural and substantive defenses raised in the panel review. Dated: January 23, 2009. Valerie Dees, United States Secretary, NAFTA Secretariat. [FR Doc. E9–1858 Filed 1–27–09; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–423–809] Stainless Steel Plate in Coils From Belgium: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: January 28, 2009. FOR FURTHER INFORMATION CONTACT: Alexander Montoro at (202) 482–0238 or David Layton at (202) 482–0371; AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On July 1, 2008, the Department published a notice of initiation of administrative review of the countervailing duty order on stainless steel plate in coils from Belgium, covering the period January 1, 2007 through December 31, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 73 FR 37409 (July 1, 2008). Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department of Commerce (‘‘the Department’’) to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results of review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. Extension of Time Limit for Preliminary Results Due to the complex nature of the countervailable subsidy practices and a merger involving the respondent company, the Department requires additional time to review and analyze the information and to issue supplemental questionnaires. Therefore, it is not practicable to complete this review within the originally anticipated time limit, and the Department is extending the time limit for completion of the preliminary results by 120 days to not later than May 31, 2009, in accordance with section 751(a)(3)(A) of the Act. However, May 31, 2009, falls on a Sunday and it is the Department’s long-standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is now no later than June 1, 2009. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 4940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1858]


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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.

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SUMMARY: On January 16, 2009, Ivaco Rolling Mills 2004 L.P. and Sivaco 
Ontario, a division of Sivaco Wire Group 2004 L.P. (collectively, 
``Ivaco''), 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 Results of the 2006-2007 Antidumping Duty Administrative Review 
made by the International Trade Administration, respecting Carbon and 
Certain Alloy Steel Wire Rod from Canada. The determination was 
published in the Federal Register (73 FR 77005) on December 18, 2008. 
The NAFTA Secretariat has assigned Case Number USA-CDA-2009-1904-01 to 
this request.

FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, 
NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, DC 20230. (202) 482-5432.

SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade 
Agreement (``Agreement'') established 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 January 16, 2009, requesting a panel review of the 
determination and order 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 February 17, 
2009);
    (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 March 2, 
2009); 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 panel review and 
the procedural and substantive defenses raised in the panel review.

    Dated: January 23, 2009.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. E9-1858 Filed 1-27-09; 8:45 am]
BILLING CODE 3510-GT-P