North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 42115 [2011-18005]

Download as PDF Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices Department determined that revocation of the antidumping duty order on PTFE resin from Italy would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked. See Granular Polytetrafluoroethylene Resin From Italy: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 76 FR 12939 (March 9, 2011). On July 7, 2011, the ITC published its determination in the Federal Register, pursuant to section 751(c)(1) of the Act, that revocation of the antidumping duty order on PTFE resin from Italy would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Granular Polytetrafluoroethylene Resin From Italy, 76 FR 39896 (July 7, 2011), and USITC Publication 4240 (June 2011), Granular Polytetrafluoroethylene Resin From Italy, Investigation No. 731– TA–385, Third Review (Expedited). srobinson on DSK4SPTVN1PROD with NOTICES Scope of the Order The product covered by the order is PTFE resin, filled or unfilled. The order also covers PTFE wet raw polymer exported from Italy to the United States. See Granular Polytetrafluoroethylene Resin From Italy; Final Affirmative Determination of Circumvention of Antidumping Duty Order, 58 FR 26100 (April 30, 1993). The order excludes PTFE dispersions in water and fine powders. During the period covered by this review, such merchandise was classified under item number 3904.61.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). We are providing this HTSUS number for convenience and customs purposes only. The written description of the scope remains dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on PTFE resin from Italy. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to sections VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: July 12, 2011. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–18039 Filed 7–15–11; 8:45 am] BILLING CODE 3510–DS–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 July 8, 2011, Jungbunzlauer Canada Inc. 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 2008–2009 and 2009–2010 Antidumping Duty Administrative Review, made by the International Trade Administration, respecting Citric Acid and Certain Citrate Salts from Canada. This determination was published in the Federal Register (76 FR 34,044), on June 10, 2011. The NAFTA Secretariat has assigned Case Number USA–CDA– 2011–1904–03 to this request. FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, 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 SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 42115 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 8, 2011, 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 August 8, 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 August 22, 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: July 13, 2011 Ellen M. Bohon, United States Secretary, NAFTA Secretariat. [FR Doc. 2011–18005 Filed 7–15–11; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA574 South Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Page 42115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18005]


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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 July 8, 2011, Jungbunzlauer Canada Inc. 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 2008-
2009 and 2009-2010 Antidumping Duty Administrative Review, made by the 
International Trade Administration, respecting Citric Acid and Certain 
Citrate Salts from Canada. This determination was published in the 
Federal Register (76 FR 34,044), on June 10, 2011. The NAFTA 
Secretariat has assigned Case Number USA-CDA-2011-1904-03 to this 
request.

FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, 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 July 8, 2011, 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 August 8, 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 August 22, 
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: July 13, 2011
Ellen M. Bohon,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2011-18005 Filed 7-15-11; 8:45 am]
BILLING CODE 3510-GT-P