North American Free Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 82375-82376 [2010-32881]

Download as PDF Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 75 FR 71072 (November 22, 2010) (Preliminary Results). The Department made its preliminary determination that Lamina y Placa is the successor-in-interest to TUNA and should be treated as such for antidumping duty cash deposit purposes. In the Preliminary Results, we stated that interested parties could submit case briefs to the Department no later than 15 days after the publication of the Preliminary Results in the Federal Register, and submit rebuttal briefs, limited to the issues raised in those case briefs, five days subsequent to the case briefs’ due date. No party submitted case briefs or other comments on the Preliminary Results. Scope of the Order The merchandise covered by this order is circular welded non-alloy steel pipes and tubes, of circular crosssection, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, galvanized, or painted), or end finish (plain end, beveled end, threaded, or threaded and coupled). These pipes and tubes are generally known as standard pipes and tubes and are intended for the low-pressure conveyance of water, steam, natural gas, and other liquids and gases in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses, and generally meet ASTM A–53 specifications. Standard pipe may also be used for light loadbearing applications, such as for fence tubing, and as structural pipe tubing used for framing and support members for reconstruction or load-bearing purposes in the construction, shipbuilding, trucking, farm equipment, and related industries. Unfinished conduit pipe is also included in this order. All carbon steel pipes and tubes within the physical description outlined above are included within the scope of this order, except line pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe and tube hollows for redraws, finished scaffolding, and finished conduit. Standard pipe that is dual or triple certified/stenciled that enters the United States as line pipe of a kind used for oil or gas pipelines is also not included in this order. Imports of the products covered by this order are currently classifiable under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, VerDate Mar<15>2010 16:35 Dec 29, 2010 Jkt 223001 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Final Results of Changed Circumstances Review Instructions to U.S. Customs and Border Protection The Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all shipments of the subject merchandise produced and exported by Lamina y Placa entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice in the Federal Register at the rate of 2.92 percent (i.e., TUNA’s cash deposit rate). See Circular Welded Non-Alloy Steel Pipe From Mexico: Amended Final Results of Antidumping Duty Administrative Review, 66 FR 37454 (July 18, 2001). This deposit requirement shall remain in effect until further notice. Notification This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) and (2) of the Act and 19 CFR 351.216(e). Dated: December 23, 2010. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–32939 Filed 12–29–10; 8:45 am] PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 requests for Panel Review. AGENCY: Based on the information provided by Lamina y Placa, the Department’s analysis in the Preliminary Results (which we incorporate herein by reference), and in light of the fact that interested parties did not submit any comments during the comment period, the Department hereby determines that Lamina y Placa is the successor-ininterest to TUNA for antidumping duty cash deposit purposes. BILLING CODE 3510–DS–P 82375 On December 22, 2010, IUSA, S.A. de C.V. (‘‘IUSA’’) and Nacional de Cobre, S.A. de C.V. (‘‘Nacobre’’), and their U.S. affiliates Cambridge-Lee Industries LLC and Copper and Brass International 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. Second and Third Requests for Panel Review were filed by GD Affiliates S. de. R.L. de C.V., and its U.S. affiliate GD Copper (U.S.A.), and the Government of Mexico, respectively. Panel review was requested of the final determination by the U.S. International Trade Commission that an industry in the United States is threatened with material injury by reason of imports of Seamless Refined Copper Pipe and Tube from China and Mexico. This determination was published in the Federal Register (75 FR 71,146), on November 22, 2010. The NAFTA Secretariat has assigned Case Number USA–MEX–2010–1904–02 to these requests. FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 482–5438. 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 SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1 82376 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 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). Three Requests for Panel Review were filed with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on December 22, 2010, 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 January 21, 2011); (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 February 7, 2011); 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: December 23, 2010. Valerie Dees, United States Secretary, NAFTA Secretariat. [FR Doc. 2010–32881 Filed 12–29–10; 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: On December 22, 2010, the Government of Mexico 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 by the U.S. Department of Commerce regarding jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:35 Dec 29, 2010 Jkt 223001 Sales at Less Than Fair Value on Seamless Refined Copper Pipe and Tube from Mexico and the People’s Republic of China. This determination was published in the Federal Register (75 Fed. Reg. 71070), on November 22, 2010. The NAFTA Secretariat has assigned Case Number USA–MEX– 2010–1904–03 to this request. FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 482–5438. 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 December 22, 2010, 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 January 21, 2011); (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 February 7, 2011); and (c) the panel review shall be limited to the allegations of error of fact or law, PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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: December 23, 2010. Valerie Dees, United States Secretary, NAFTA Secretariat. [FR Doc. 2010–32883 Filed 12–29–10; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–917] Laminated Woven Sacks From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on laminated woven sacks (sacks) from the People’s Republic of China (PRC) for the period January 1, 2009, to December 31, 2009, with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (Zibo Aifudi). Since Zibo Aifudi was the only party that requested a review and is the only producer/exporter subject to review, this notice also serves to rescind the entire administrative review. This rescission is based on Zibo Aifudi’s timely withdrawal of its request for review. AGENCY: DATES: Effective Date: December 30, 2010. FOR FURTHER INFORMATION CONTACT: Justin M. Neuman, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0486. SUPPLEMENTARY INFORMATION: Background On August 7, 2008, the Department published in the Federal Register the countervailing duty order on sacks from the PRC. See Laminated Woven Sacks From the People’s Republic of China: Countervailing Duty Order, 73 FR 45955 (August 7, 2008). On August 2, 2010, the Department published a notice announcing the opportunity to request an administrative review of the countervailing duty order on sacks from the PRC for the period January 1, 2009, E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82375-82376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32881]


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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 requests for Panel Review.

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SUMMARY: On December 22, 2010, IUSA, S.A. de C.V. (``IUSA'') and 
Nacional de Cobre, S.A. de C.V. (``Nacobre''), and their U.S. 
affiliates Cambridge-Lee Industries LLC and Copper and Brass 
International 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. Second and Third Requests for 
Panel Review were filed by GD Affiliates S. de. R.L. de C.V., and its 
U.S. affiliate GD Copper (U.S.A.), and the Government of Mexico, 
respectively. Panel review was requested of the final determination by 
the U.S. International Trade Commission that an industry in the United 
States is threatened with material injury by reason of imports of 
Seamless Refined Copper Pipe and Tube from China and Mexico. This 
determination was published in the Federal Register (75 FR 71,146), on 
November 22, 2010. The NAFTA Secretariat has assigned Case Number USA-
MEX-2010-1904-02 to these requests.

FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, 
NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW., 
Washington, DC 20230, (202) 482-5438.

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

[[Page 82376]]

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).
    Three Requests for Panel Review were filed with the United States 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on December 22, 2010, 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 January 21, 2011);
    (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 February 7, 
2011); 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: December 23, 2010.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2010-32881 Filed 12-29-10; 8:45 am]
BILLING CODE 3510-GT-P