North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews, 74174 [2012-30025]

Download as PDF 74174 Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices 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 December 5, 2012, the NAFTA Chapter 19 binational panel issued its decision in the review of the final results of the 2008/2009 antidumping administrative review made by the U.S. Department of Commerce, respecting Light-Walled Rectangular Pipe and Tube from Mexico, NAFTA Secretariat File Number USA–MEX–2011–1904–02. The panel remanded the matter to the U.S. Department of Commerce and Ordered that Commerce provide the Panel with its explanation regarding its practice of zeroing in administrative reviews, but not in antidumping investigations. 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 December 5, 2012, the binational panel remanded the matter of Light-Walled Rectangular Pipe srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:21 Dec 12, 2012 Jkt 229001 and Tube from Mexico (NAFTA Secretariat File Number USA–MEX– 2011–1904–02) to the U.S. Department of Commerce to provide a thorough explanation of why it is a reasonable interpretation of the statute to engage in zeroing in administrative reviews, but not in antidumping investigations. The panel directed Commerce to provide such explanation within 90 days of the date of issue of the panel’s Decision and Order. (March 5, 2013) Dated: December 5, 2012. Ellen M. Bohon, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2012–30025 Filed 12–12–12; 8:45 am] BILLING CODE 3510–GT–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. AGENCY: Notice of Completion of Panel Review of the Department of Commerce’s Final Determination of Carbon and Certain Alloy Steel Wire Rod from Canada (Secretariat File No. USA–CDA–2008–1904–02). ACTION: Pursuant to the Decision and Order of the Binational Panel dated October 25, 2012, the panel review was completed on December 6, 2012. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ellen Bohon, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482–5438. On October 25, 2012, the Binational Panel issued a Decision and Order affirming the U.S. Department of Commerce’s final determination concerning Carbon and Certain Alloy Steel Wire Rod from Canada. 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 December 6, 2012. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Dated: December 6, 2012. Ellen M. Bohon, United States Secretary, NAFTA Secretariat. [FR Doc. 2012–30027 Filed 12–12–12; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) National Climate Assessment and Development Advisory Committee (NCADAC) Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of Open Meeting. AGENCY: This notice sets forth the schedule of a forthcoming meeting of the DoC NOAA National Climate Assessment and Development Advisory Committee (NCADAC). Time and Date: The meeting will be held Friday, January 11, 2013 from 11:00 a.m.–1:00 p.m. Eastern time. Place: This meeting will be a conference call. Public access and materials will be available at the office of the U.S. Global Change Research Program, Conference Room A, Suite 250, 1717 Pennsylvania Avenue NW., Washington, DC 20006. The public will not be able to dial into the call. Please check the National Climate Assessment Web site for additional information at https://www.globalchange.gov/what-wedo/assessment. Status: The meeting will be open to public participation with a 10-minute public comment period from 12:45– 12:55 p.m. The NCADAC expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two minutes. Written comments should be received in the NCADAC DFO’s office by Monday, January 7, 2013 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after Monday, January 7, 2013 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on Monday, January 7, 2013 to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910. SUMMARY: E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Page 74174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30025]



[[Page 74174]]

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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 December 5, 2012, the NAFTA Chapter 19 binational panel 
issued its decision in the review of the final results of the 2008/2009 
antidumping administrative review made by the U.S. Department of 
Commerce, respecting Light-Walled Rectangular Pipe and Tube from 
Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel 
remanded the matter to the U.S. Department of Commerce and Ordered that 
Commerce provide the Panel with its explanation regarding its practice 
of zeroing in administrative reviews, but not in antidumping 
investigations. 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 December 5, 2012, the binational panel remanded 
the matter of Light-Walled Rectangular Pipe and Tube from Mexico (NAFTA 
Secretariat File Number USA-MEX-2011-1904-02) to the U.S. Department of 
Commerce to provide a thorough explanation of why it is a reasonable 
interpretation of the statute to engage in zeroing in administrative 
reviews, but not in antidumping investigations. The panel directed 
Commerce to provide such explanation within 90 days of the date of 
issue of the panel's Decision and Order. (March 5, 2013)

    Dated: December 5, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-30025 Filed 12-12-12; 8:45 am]
BILLING CODE 3510-GT-P

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