North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 72325-72326 [2012-29387]

Download as PDF Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Notices Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. mstockstill on DSK4VPTVN1PROD with Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7025, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 85–17A18.’’ The U.S. Shippers Association’s original Certificate was issued on June 3, 1986 (51 FR 20873, June 9, 1986), and last amended on April 6, 2006 (71 FR VerDate Mar<15>2010 17:19 Dec 04, 2012 Jkt 229001 18721, April 12, 2006). A summary of the current application for an amendment follows. Summary of the Application Applicant: U.S. Shippers Association (‘‘USSA’’), 3715 East Valley Drive, Missouri City, Texas 77459. Contact: Antonio F De Santis, Project Director. Telephone: (281) 437–1616. Application No.: 85–17A18. Date Deemed Submitted: November 21, 2012. Proposed Amendment: USSA seeks to amend its Certificate to: Add each of the following companies and persons as a new ‘‘Member’’ of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): (a) Phibro Animal Health Corporation, 300 Frank W. Burr Boulevard, Teaneck, NJ 07666, and (b) Altimore Consultants, LLC, 17202 Pleasant Road, Needville, TX 77461. In addition, the following member has been subject to a purchase: Rhodia, Inc., Cranbury, NJ 08512– 7500 has been purchased by Solvay America, Inc., Houston, TX 77098, which also owns member Solvay Chemicals, Inc. of the same address. The following companies are deleted as members: Hexion Specialty Chemicals, Houston, TX; KRATON Polymers U.S. LLC, Houston, TX; Sartomer USA, LLC, Exton, PA; Shell Chemical and Oil Products Companies, Houston, TX; Taminco, Inc., Taminco Higher Amines, Inc., and Taminco Methylamines, Inc., Allentown, PA . Dated: November 30, 2012. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2012–29408 Filed 12–4–12; 8:45 am] 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 Completion of Panel Review of the Department of Commerce’s final determination of Stainless Steel Sheet and Strip in Coils from Mexico (Secretariat File No. USA– MEX–2007–1904–01). AGENCY: Frm 00007 Fmt 4703 Pursuant to the Order of the Binational Panel dated October 16, 2012, the panel review was completed on November 29, 2012. FOR FURTHER INFORMATION CONTACT: Ellen Bohon, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: On October 16, 2012, the Binational Panel issued an Order granting a joint motion filed by the Investigating Authority (U.S. Department of Commerce) and the Complainant (ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc.) to dismiss the panel review concerning the Department of Commerce’s final determination concerning Stainless Steel Sheet and Strip in Coils from Mexico. The Secretariat was instructed to issue a Notice of Completion of Panel Review on the 31st day following the issuance of the Notice of Final Panel Action, if no request for an Extraordinary Challenge Committee was filed. No such request was filed. Therefore, on the basis of the Panel Order and Rule 80 of the Article 1904 Panel Rules, the Panel Review was completed and the panelists were discharged from their duties effective November 29, 2012. SUMMARY: Dated: November 29, 2012. Ellen M. Bohon, United States Secretary, NAFTA Secretariat. [FR Doc. 2012–29396 Filed 12–4–12; 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: BILLING CODE 3510–DR–P PO 00000 72325 Sfmt 4703 On September 3, 2012, Sanderson Farms. Inc., 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 resolution of the Countervailing Duty Administrative Review, regarding the importation of chicken leg quarters originating from the United States of America. This determination was published in the ´ Diario Oficial de la Federacion, on SUMMARY: E:\FR\FM\05DEN1.SGM 05DEN1 72326 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Notices August 6, 2012. The NAFTA Secretariat has assigned Case Number MEX–USA– 2012–1904–01 to this request. Dated: November 29, 2012. Ellen M. Bohon, United States Secretary, NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2012–29387 Filed 12–4–12; 8:45 am] Ellen M. Bohon, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue NW., Washington, DC 20230, (202) 482– 5438. BILLING CODE 3510–GT–P 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 Mexican Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on September 3, 2012, 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; (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; 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. mstockstill on DSK4VPTVN1PROD with SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:19 Dec 04, 2012 Jkt 229001 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC372 Endangered Species; File No. 17381 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Kristen Hart, Ph.D., United States Geological Survey, Southeast Ecological Science Center, 3205 College Avenue, Davie, FL 33314, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempii) sea turtles for the purposes of scientific research. SUMMARY: Written, telefaxed, or emailed comments must be received on or before January 4, 2013. ADDRESSES: The application and related documents are available for review by selecting Records Open for Public Comment from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 17183 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727) 824–5312; fax (727) 824–5309. Written comments on this application should be submitted to the Chief, Permits and Conservation Division • By email to NMFS.Pr1Comments@noaa.gov (include the File No. in the subject line of the email), • By facsimile to (301) 713–0376, or • At the address listed above. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation DATES: PO 00000 Frm 00008 Fmt 4703 Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. Sfmt 9990 Colette Cairns or Amy Hapeman, (301) 427–8401. The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). The applicant requests a 5-year permit to continue long-term research on the demographics and movements of green, loggerhead, hawksbill, and Kemp’s ridley sea turtles in Florida waters. This research would take place in and around the Dry Tortugas National Park, and in the coastal waters off Florida in the Gulf of Mexico. The objectives of the research are to: (1) Obtain information on fine-scale temporal and spatial patterns of sea turtle habitat use and movement patterns inside and outside the National Park; (2) examine diet through stable isotope analysis; and (3) determine genetic distinctiveness and connectivity to other populations. Researchers would capture sea turtles by rodeo capture, cast net, tangle net, dip net or hand capture. Turtles would be weighed, measured, flipper tagged, passive integrated transponder tagged, blood sampled, tissue sampled, scute sampled, epibiota sampled, fecal sampled, undergo gastric lavage, temporarily carapace marked, photographed, and released. A subset of turtles would be fitted with some combination of up to three telemetry tags—e.g., satellite tag, acoustic transmitter, and/or accelerometer,—and tracked; upon recapture, these animals would have the tags removed. SUPPLEMENTARY INFORMATION: Dated: November 30, 2012. P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–29323 Filed 12–4–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72325-72326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29387]


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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 September 3, 2012, Sanderson Farms. Inc., 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 resolution of the 
Countervailing Duty Administrative Review, regarding the importation of 
chicken leg quarters originating from the United States of America. 
This determination was published in the Diario Oficial de la 
Federaci[oacute]n, on

[[Page 72326]]

August 6, 2012. The NAFTA Secretariat has assigned Case Number MEX-USA-
2012-1904-01 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 Mexican Section 
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on 
September 3, 2012, 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;
    (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; 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: November 29, 2012.
Ellen M. Bohon,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2012-29387 Filed 12-4-12; 8:45 am]
BILLING CODE 3510-GT-P