North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 72677-72678 [2011-30314]

Download as PDF 72677 Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices Dated: November 15, 2011. Paul Piquado, Assistant Secretary for Import Administration. Washington, DC 20230, telephone: (202) 482–3338. Section 702 of the Trade Agreements Act of 1979 (as amended) (‘‘the Act’’) requires the Department of Commerce (‘‘the Department’’) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish an annual list and quarterly updates to the type and amount of those subsidies. We hereby provide the Department’s quarterly update of subsidies on articles of cheese that were imported during the period July 1, 2011, through September 30, 2011. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies (as defined in section 702(h) of the Act) being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota SUPPLEMENTARY INFORMATION: [FR Doc. 2011–30408 Filed 11–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an InQuota Rate of Duty Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: November 25, 2011. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., AGENCY: rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Import Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230. This determination and notice are in accordance with section 702(a) of the Act. Dated: November 18, 2011. Paul Piquado, Assistant Secretary for Import Administration. APPENDIX—SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY Gross 1 subsidy ($/lb) Net 2 subsidy ($/lb) Country Program(s) 27 European Union Member States 3 ...................... European Union Restitution Payments .................... $ 0.00 $0.00 Canada ..................................................................... Export Assistance on Certain Types of Cheese ...... 0.35 0.35 Norway ...................................................................... Indirect (Milk) Subsidy .............................................. Consumer Subsidy ................................................... 0.00 0.00 0.00 0.00 Total ................................................................... 0.00 0.00 Deficiency Payments ................................................ 0.00 0.00 Switzerland ............................................................... 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. [FR Doc. 2011–30409 Filed 11–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration wreier-aviles on DSK7SPTVN1PROD with NOTICES 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 November 4, 2011, Quimic, S.A. de C.V., filed a First SUMMARY: VerDate Mar<15>2010 14:31 Nov 23, 2011 Jkt 226001 Request for Panel Review with the Mexican Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the final determination of the effective examination and official review on countervailing duties regarding imports of certain type of stearic acid originating from the United States of America, independently of the country of origin. This merchandise is classified in tariff items 3823.11.01 and 3823.19.9901 of the Mexican Tariff Schedule (TIGIE), published in the Diario Oficial de la Federacion, on October 7, 2011. The NAFTA Secretariat has assigned Case Number MEX–USA– 2011–1904–01 to this request. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Marsha Ann Y. Iyomasa, Deputy United States Secretary, NAFTA Secretariat, Suite 2061, 14th 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 E:\FR\FM\25NON1.SGM 25NON1 72678 Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices 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 Mexican Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on November 4, 2011, requesting panel review of the final 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 December 5, 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 December 19, 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 the panel review and the procedural and substantive defenses raised in the panel review. Dated: November 18, 2011. Marsha Ann Y. Iyomasa, Deputy United States Secretary, NAFTA Secretariat. [FR Doc. 2011–30314 Filed 11–23–11; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration wreier-aviles on DSK7SPTVN1PROD with NOTICES RIN 0648–XA799 Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Mar<15>2010 14:31 Nov 23, 2011 Jkt 226001 Notice of intent; request for comments. ACTION: NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for the collection of Atlantic Highly Migratory Species (HMS) in 2012. In general, EFPs and related permits would authorize collection of a limited number of tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection and public display. Chartering Permits allow the collection of HMS on the high seas or in the Exclusive Economic Zone of other nations. Generally, these permits will be valid from the date of issuance through December 31, 2012, unless otherwise specified, subject to the terms and conditions of individual permits. DATES: Written comments on these activities received in response to this notice will be considered by NMFS when issuing EFPs and related permits and must be received on or before December 27, 2011. ADDRESSES: Comments may be submitted by any of the following methods: • Email: HMSEFP.2012@noaa.gov. Include in the subject line the following identifier: 0648–XA799. • Mail: Craig Cockrell, Highly Migratory Species Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910. • Fax: (301) 713–1917. FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427–8503, fax: (301) 713–1917, or Jackie Wilson at (240) 338–3936. SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are necessary for the collection of HMS for public display and scientific research that is exempt from regulations (e.g., seasons, prohibited species, authorized gear, and minimum sizes) that may prohibit the collection of live animals or biological samples. Collection for scientific research and display represents a small portion of the overall fishing mortality for HMS, and this mortality is counted against the quota of the species harvested. The terms and conditions of individual permits are unique; however, all permits will include reporting requirements, limit the number and species of HMS to be collected, and only authorize collection in Federal waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 EFPs and related permits are issued under the authority of the MagnusonStevens Fishery Conservation and Management Reauthorization Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and/or the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Regulations at 600.745 and 635.32 govern scientific research activity, exempted fishing, chartering arrangements, and exempted educational activities with respect to Atlantic HMS. Since the MagnusonStevens Act does not consider scientific research to be ‘‘fishing,’’ scientific research is exempt from this statute, and NMFS does not issue EFPs for bona fide research activities (e.g., research conducted from a research vessel and not a commercial or recreational fishing vessel) involving species that are only regulated under the Magnuson-Stevens Act (e.g., most species of sharks) and not under ATCA. NMFS requests copies of scientific research plans for these activities and indicates concurrence by issuing an LOA to researchers to indicate that the proposed activity meets the definition of research and is therefore exempt from regulation. Examples of research conducted under LOAs include tagging and releasing of sharks during bottom longline surveys to understand the distribution and seasonal abundance of different shark species, and collecting and sampling sharks caught during trawl surveys for life history studies. Scientific research is not exempt from regulation under ATCA. NMFS issues SRPs for collection of species managed under this statute (e.g., tunas, swordfish, billfish, and some species of sharks), which authorize researchers to collect HMS from bona fide research vessels. One example of research conducted under SRPs consists of scientific surveys of HMS conducted from the NOAA research vessels. EFPs are issued to researchers collecting ATCAmanaged species and conducting research from commercial or recreational fishing vessels. NMFS regulations concerning the implantation or attachment of archival tags in Atlantic HMS require scientists to report their activities associated with these tags. Examples of research conducted under EFPs include deploying pop-up satellite archival tags on billfish, sharks, and tunas to determine migration patterns of these species; conducting billfish larval tows to determine billfish habitat use, life history, and population structure; and determining catch rates and gear characteristics of the swordfish buoy gear fishery. NMFS is also seeking public comment on its intent to issue Display Permits for E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72677-72678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30314]


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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 November 4, 2011, Quimic, S.A. de C.V., filed a First 
Request for Panel Review with the Mexican Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. Panel review was requested of the final determination of the 
effective examination and official review on countervailing duties 
regarding imports of certain type of stearic acid originating from the 
United States of America, independently of the country of origin. This 
merchandise is classified in tariff items 3823.11.01 and 3823.19.9901 
of the Mexican Tariff Schedule (TIGIE), published in the Diario Oficial 
de la Federacion, on October 7, 2011. The NAFTA Secretariat has 
assigned Case Number MEX-USA-2011-1904-01 to this request.

FOR FURTHER INFORMATION CONTACT: Marsha Ann Y. Iyomasa, Deputy United 
States Secretary, NAFTA Secretariat, Suite 2061, 14th 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 bi-national 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

[[Page 72678]]

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 Mexican Section 
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on 
November 4, 2011, requesting panel review of the final 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 December 5, 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 December 19, 
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 the panel review 
and the procedural and substantive defenses raised in the panel review.

    Dated: November 18, 2011.
Marsha Ann Y. Iyomasa,
Deputy United States Secretary, NAFTA Secretariat.
[FR Doc. 2011-30314 Filed 11-23-11; 8:45 am]
BILLING CODE 3510-GT-P

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