North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 65864 [2012-26694]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 65864 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices used to characterize differences between healthy and diseased tissues by studying the composition of their ultrastructure. Justification for DutyFree Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 2, 2012. Docket Number: 12–044. Applicant: University of Colorado, 347 UCB Boulder, CO 80309. Instrument: Electron Microscope. Manufacturer: FEI, Czech Republic. Intended Use: The instrument will be used to examine the consequences of mutations, experimental manipulations or disease states of cells and tissues in various organisms. It will also be used to locate specific proteins within the samples. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 9, 2012. Docket Number: 12–045. Applicant: Walter Reed Army Institute of Research, 2460 Linden Lane Bldg #503, Silver Spring, MD 20910. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to observe ultrastructural evidence of infectious agents or to observe the ultrastructural pathology or cellular changes caused by infectious agents or therapeutic agents directed toward a certain cell type or cellular organelle. The objectives include observing how a certain microbe interacts with a cell, certain cellular population(s), or subcellular component; or to further provide ultrastructural classification of an organism. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 12, 2012. Docket Number: 12–046. Applicant: Battelle Memorial Institute, 790 6th St, Richland, WA 99354. Instrument: Electron Microscope. Manufacturer: FEI, Czech Republic. Intended Use: The instrument will be used to study the structure and chemistry of inorganic materials such as catalysts, semiconductors, and battery materials, to understand the structure-property or structure-activity of the materials and to provide a feedback loop between synthesis and characterization. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: October 12, 2012. VerDate Mar<15>2010 17:08 Oct 30, 2012 Jkt 229001 Dated: October 25, 2012. Gregory W. Campbell Director of Subsidies Enforcement, Import Administration. [FR Doc. 2012–26798 Filed 10–30–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Decision of Panel. AGENCY: On October 25, 2012, the NAFTA Chapter 19 binational panel issued its decision in the review of the final results of the 2005/2006 antidumping administrative review made by the U.S. Department of Commerce, respecting Carbon and Certain Alloy Steel Wire Rod from Canada, NAFTA Secretariat File Number USA–CDA–2008–1904–02. The panel affirmed the U.S. Department of Commerce’s Final Determination with regard to the issue of zeroing in this matter. Copies of the panel’s decision are available from the U.S. Section of the NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, 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 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). The panel review in this SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 matter has been conducted in accordance with these Rules. Panel Decision On May 11, 2012, the binational panel affirmed the U.S. Department of Commerce’s final results of the administrative review determining that the Complainant’s sales were made at the same level of trade. The panel remanded to the U.S. Department of Commerce with regard to its practice of ‘‘zeroing’’ in the administrative review before the panel, with instructions to provide an explanation consistent with the remand orders in two previous cases. (Dongbu Steel Co. Ltd. v. United States, 635 F3d 1363 (Fed Cir. 2011); and JTEKT Corp. v. United States, 642 F3d 1378 (Fed. Cir. 2011)) On October 25, 2012, in accordance with Article 1904.8 of NAFTA, and for reasons set out in the panel’s written decision and related order, the panel affirmed the Department of Commerce’s Final Determination with regard to the issue of ‘‘zeroing’’ in this matter. Dated: October 25, 2012. Ellen M. Bohon, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2012–26694 Filed 10–30–12; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC289 Receipt of an Application for Incidental Take Permit (16230) National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Supplemental Notice of receipt of application for incidental take permit; availability of draft conservation plan. AGENCY: NMFS has received an amended application for an incidental take permit (Permit) from the North Carolina Division of Marine Fisheries (NCDMF) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF′s application includes a proposed conservation plan designed to minimize and mitigate take of endangered or threatened species. The permit application is for the incidental take of ESA-listed adult and juvenile sea turtles associated with otherwise lawful commercial gillnet fisheries operating in inshore waters of North Carolina. The duration of the proposed permit is for 10 years. NMFS is providing this notice SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Page 65864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26694]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Notice of Decision of Panel.

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SUMMARY: On October 25, 2012, the NAFTA Chapter 19 binational panel 
issued its decision in the review of the final results of the 2005/2006 
antidumping administrative review made by the U.S. Department of 
Commerce, respecting Carbon and Certain Alloy Steel Wire Rod from 
Canada, NAFTA Secretariat File Number USA-CDA-2008-1904-02. The panel 
affirmed the U.S. Department of Commerce's Final Determination with 
regard to the issue of zeroing in this matter. Copies of the panel's 
decision are available from the U.S. Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, 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 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). 
The panel review in this matter has been conducted in accordance with 
these Rules.

Panel Decision

    On May 11, 2012, the binational panel affirmed the U.S. Department 
of Commerce's final results of the administrative review determining 
that the Complainant's sales were made at the same level of trade. The 
panel remanded to the U.S. Department of Commerce with regard to its 
practice of ``zeroing'' in the administrative review before the panel, 
with instructions to provide an explanation consistent with the remand 
orders in two previous cases. (Dongbu Steel Co. Ltd. v. United States, 
635 F3d 1363 (Fed Cir. 2011); and JTEKT Corp. v. United States, 642 F3d 
1378 (Fed. Cir. 2011)) On October 25, 2012, in accordance with Article 
1904.8 of NAFTA, and for reasons set out in the panel's written 
decision and related order, the panel affirmed the Department of 
Commerce's Final Determination with regard to the issue of ``zeroing'' 
in this matter.

    Dated: October 25, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-26694 Filed 10-30-12; 8:45 am]
BILLING CODE 3510-GT-P