North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review in the Matter of Softwood Lumber From Canada: Determinations (Secretariat File Number: USA-CDA-2018-1904-03), 4905-4906 [2018-02135]
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On January 2, 2018, pursuant to 19
CFR 351.210(e), FENC requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See FENC’s Letter, ‘‘Low Melt Polyester Staple
Fiber (PSF),’’ dated January 2, 2018.
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18:03 Feb 01, 2018
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affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: January 26, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I—Scope of the Investigation
The merchandise subject to this
investigation is synthetic staple fibers, not
carded or combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower temperature
than the other polyester fiber component
(low melt PSF). The scope includes bicomponent polyester staple fibers of any
denier or cut length. The subject
merchandise may be coated, usually with a
finish or dye, or not coated.
Excluded from the scope of the
investigation on low melt PSF from Taiwan
are any products covered by the existing
antidumping duty orders on certain polyester
staple fiber from Taiwan. See Notice of
Amended Final Determination of Sales at
Less Than Fair Value: Certain Polyester
Staple Fiber from the Republic of Korea and
Antidumping Duty Orders: Certain Polyester
Staple Fiber from the Republic of Korea and
Taiwan, 65 FR 33807 (May 25, 2000).
Low melt PSF is classifiable under the
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided
for convenience and customs purposes, the
written description of the scope of the
merchandise under the investigation is
dispositive.
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4905
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Respondent Selection
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2018–02043 Filed 2–1–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Review: Notice of Request for Panel
Review in the Matter of Softwood
Lumber From Canada: Determinations
(Secretariat File Number: USA–CDA–
2018–1904–03)
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
A Request for Panel Review
was filed on behalf of the Government
of Canada; Government of Alberta;
Government of British Columbia;
Government of Ontario; Government of
´
Quebec; Alberta Softwood Lumber
Trade Council; British Columbia
Lumber Trade Council; Conseil de
´
l’Industrie forestier du Quebec and
Ontario Forest Industries Association;
Canfor Corporation; J.D. Irving, Limited;
Resolute FP Canada Inc. and Rene
Bernard Inc.; Tembec Inc. and Eacom
Timber Corporation; and West Fraser
Mills Ltd. with the United States
Section of the NAFTA Secretariat on
January 19, 2018 and on behalf of
Western Forest Products, Inc. on
January 26, 2018, pursuant to NAFTA
Article 1904. Panel Review was
requested of the U.S. International
Trade Commission’s final injury
SUMMARY:
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sradovich on DSK3GMQ082PROD with NOTICES
4906
Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
determination regarding Softwood
Lumber from Canada. The final
determination was published in the
Federal Register on December 28, 2017
(82 FR 61,587). The NAFTA Secretariat
has assigned case number USA–CDA–
2018–1904–03 to this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established NAFTA Rules of
Procedure for Article 1904 Binational
Panel Reviews, which were adopted by
the three governments for panels
requested pursuant to Article 1904(2) of
NAFTA which requires Requests for
Panel Review to be published in
accordance with Rule 35. For the
complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
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 February 20, 2018);
(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
March 5, 2018); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: January 30, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018–02135 Filed 2–1–18; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, in Part, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Low Melt Polyester Staple Fiber
(low melt PSF) from the Republic of
Korea (Korea) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2016,
through March 31, 2017.
DATES: Applicable February 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Brittany Bauer,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4682 or
(202) 482–3860, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 24, 2017.1 On November 20,
2017, Commerce postponed the
preliminary determination of this
investigation until January 23, 2018.2
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. If the new
deadline falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary determination of this
investigation is now January 26, 2018.3
1 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July
24, 2017) (Initiation Notice).
2 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Postponement of
Preliminary Determinations of Antidumping Duty
Investigations, 82 FR 55091 (November 20, 2017).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non-
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Sfmt 4703
For a complete description of the events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is low melt PSF from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 During this
period, no interested party commented
on the scope of this investigation;
however, we received comments on the
overlap between the scope of this
investigation and other proceedings
before Commerce.7
Nonetheless, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice to eliminate the overlap in
product coverage with the existing PSF
Korea antidumping duty order.8 See the
exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government,’’ dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Low Melt Polyester
Staple Fiber from the Republic of Korea (Korea)’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See the petitioner’s Letter re: Low Melt Polyester
Staple Fiber from the Republic of Korea and
Taiwan—Petitioner’s Comments on Potential Scope
Overlap, dated October 5, 2017. The petitioner in
this case is Nan Ya Plastics Corporation, America.
8 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Polyester
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Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4905-4906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02135]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement (NAFTA), Article 1904
Binational Panel Review: Notice of Request for Panel Review in the
Matter of Softwood Lumber From Canada: Determinations (Secretariat File
Number: USA-CDA-2018-1904-03)
AGENCY: United States Section, NAFTA Secretariat, International Trade
Administration, Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: A Request for Panel Review was filed on behalf of the
Government of Canada; Government of Alberta; Government of British
Columbia; Government of Ontario; Government of Qu[eacute]bec; Alberta
Softwood Lumber Trade Council; British Columbia Lumber Trade Council;
Conseil de l'Industrie forestier du Qu[eacute]bec and Ontario Forest
Industries Association; Canfor Corporation; J.D. Irving, Limited;
Resolute FP Canada Inc. and Rene Bernard Inc.; Tembec Inc. and Eacom
Timber Corporation; and West Fraser Mills Ltd. with the United States
Section of the NAFTA Secretariat on January 19, 2018 and on behalf of
Western Forest Products, Inc. on January 26, 2018, pursuant to NAFTA
Article 1904. Panel Review was requested of the U.S. International
Trade Commission's final injury
[[Page 4906]]
determination regarding Softwood Lumber from Canada. The final
determination was published in the Federal Register on December 28,
2017 (82 FR 61,587). The NAFTA Secretariat has assigned case number
USA-CDA-2018-1904-03 to this request.
FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States
Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW,
Washington, DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of Article 1904 of NAFTA provides
a dispute settlement mechanism involving trade remedy determinations
issued by the Government of the United States, the Government of
Canada, and the Government of Mexico. Following a Request for Panel
Review, a Binational Panel is composed to review the trade remedy
determination being challenged and issue a binding Panel Decision.
There are established NAFTA Rules of Procedure for Article 1904
Binational Panel Reviews, which were adopted by the three governments
for panels requested pursuant to Article 1904(2) of NAFTA which
requires Requests for Panel Review to be published in accordance with
Rule 35. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Rules-of-Procedure/Article-1904.
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 February 20,
2018);
(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 March 5,
2018); and
(c) The panel review shall be limited to the allegations of error
of fact or law, including challenges to the jurisdiction of the
investigating authority, that are set out in the Complaints filed in
the panel review and to the procedural and substantive defenses raised
in the panel review.
Dated: January 30, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018-02135 Filed 2-1-18; 8:45 am]
BILLING CODE 3510-GT-P