North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of Request for Panel Review, 26815-26816 [2019-12100]

Download as PDF Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices instruct CBP to liquidate such entries at the China-wide rate. In addition, if we continue to find that Shanghai Smart, Jianlong, and IMJ had no shipments of subject merchandise during the POR, any suspended entries of subject merchandise from either Shanghai Smart, Jianlong, and IMJ will be liquidated at the China-wide rate.14 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of xanthan gum from China entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be required); (2) for previously investigated or reviewed China and non-China exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (3) for all China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity, which is 154.07 percent; and (4) for all non-China exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to China exporter(s) that supplied that non-China exporter. These deposit requirements, when imposed, shall remain in effect until further notice. khammond on DSKBBV9HB2PROD with NOTICES Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/ or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in 14 For a full discussion of this practice, see NME AD Assessment. VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213. Dated: June 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Extension of the Preliminary Results V. Scope of the Order VI. Selection of Respondents VII. Preliminary Determination of No Shipments VIII. Single Entity Treatment IX. Discussion of the Methodology A. Non-Market Economy Country B. Separate Rates C. Separate Rate Analysis 1. Wholly Foreign-Owned Applicant 2. Joint Ventures Between Chinese and Foreign Companies or Wholly ChineseOwned Companies a. Absence of De Jure Control b. Absence of De Facto Control 3. Companies Not Receiving a Separate Rate D. Dumping Margin for the Separate Rate Companies Not Individually Examined E. Surrogate Country 1. Same Level of Economic Development 2. Significant Producers of Identical or Comparable Merchandise 3. Data Availability F. Date of Sale G. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis H. U.S. Price 1. Export Price 2. Constructed Export Price 3. Value-Added Tax I. Normal Value 1. Factor Valuations a. Direct and Packing Materials b. Energy c. Labor d. Movement Services e. Financial Ratios J. Currency Conversion X. Recommendation [FR Doc. 2019–12149 Filed 6–7–19; 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 United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 26815 Notice of NAFTA requests for Panel Review in the matter Light-Walled Rectangular Pipe and Tube from Mexico; Final Results of Antidumping Duty Administrative Review (Secretariat File Number: USA–MEX–2019–1904– 01). ACTION: A Request for Panel Review was filed on behalf of Maquilacero S.A. de C.V. (‘‘Maquilacero’’) and Perfiles LM, S.A. de C.V. (‘‘Perfiles’’) with the United States Section of the NAFTA Secretariat on May 22, 2019, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce’s final antidumping duty determination regarding Light-Walled Rectangular Pipe and Tube from Mexico. The final determination was published in the Federal Register on April 22, 2019. The NAFTA Secretariat has assigned case number USA–MEX– 2019–1904–01 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 June 21, 2019); (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 SUMMARY: E:\FR\FM\10JNN1.SGM 10JNN1 26816 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices for filing a Notice of Appearance is July 8, 2019); 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: June 4, 2019. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. We did not receive a notice of intent to participate from domestic interested parties in either sunset review by the deadline date.3 As a result, Commerce determined that no domestic interested party intends to participate in the sunset reviews.4 Pursuant to 19 CFR 351.218(d)(1)(iii)(B)(2), on May 21, 2019, we notified the International Trade Commission in writing that we intended to issue a final determination revoking the antidumping duty orders on PC tie wire from Mexico and China.5 [FR Doc. 2019–12100 Filed 6–7–19; 8:45 am] Scope of the Orders BILLING CODE 3510–GT–P The products covered by these orders are high carbon steel wire; stress relieved or low relaxation; indented or otherwise deformed; meeting at a minimum the physical, mechanical, and chemical requirements of the American Society of Testing Materials (ASTM) A881/A881M specification; regardless of shape, size, or other alloy element levels; suitable for use as prestressed tendons in concrete railroad ties (‘‘PC tie wire’’). High carbon steel is defined as steel that contains 0.6 percent or more of carbon by weight. PC tie wire is classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 7217.10.8045, but may also be classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030, 7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031, 7229.90.5051, 7229.90.9000 and 7312.10.3012. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the orders is dispositive. DEPARTMENT OF COMMERCE International Trade Administration [A–570–990, A–201–843] Prestressed Concrete Steel Rail Tie Wire From Mexico and the People’s Republic of China: Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 1, 2019, the Department of Commerce (Commerce) initiated the sunset reviews of the antidumping duty orders on prestressed concrete steel rail tie wire (PC tie wire) from Mexico and the People’s Republic of China (China). Because the domestic interested parties did not participate in these sunset reviews, Commerce is revoking these antidumping duty orders. DATES: Applicable June 10, 2019. FOR FURTHER INFORMATION CONTACT: Samantha Kinney, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–2285. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with NOTICES AGENCY: Background On June 24, 2014, Commerce issued antidumping duty orders on PC tie wire from Mexico and China.1 On May 1, 2019, Commerce initiated the first sunset reviews on these orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218.2 1 See Prestressed Concrete Steel Rail Tie Wire from Mexico and the People’s Republic of China: Antidumping Duty Orders, 79 FR 35727 (June 24, 2014) (PC Tie Wire from Mexico and PRC Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 84 FR 18477 (May 1, 2019). VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 Revocation Pursuant to section 751(c)(3)(A) of the Act, and 19 CFR 351.218(d)(1)(iii)(B)(3), if no domestic interested parties respond to a notice of initiation, Commerce shall, within 90 days after the date of publication of the notice of initiation of the review, revoke the order. Because no domestic interested party filed a notice of intent to participate in these sunset reviews, we are revoking these antidumping duty orders on PC tie wire from Mexico and China. Effective Date of Revocation Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act and 19 CFR 351.222(i)(2)(i), Commerce intends to instruct U.S. Customs and Border 3 See 19 CFR 351.218(d)(1)(i). 19 CFR 351.218(d)(1)(iii)(A). 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on May 1, 2019,’’ dated May 21, 2019. 4 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Protection to terminate the suspension of liquidation of, and discontinue the collection of AD cash deposits on, the merchandise subject to the antidumping duty orders on PC tie wire from Mexico and China entered, or withdrawn from warehouse, on or after June 24, 2019, the fifth anniversary of the date on which Commerce published in the Federal Register notice of these antidumping duty orders.6 Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. Commerce will complete any pending administrative reviews of these orders and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. These five-year (sunset) reviews and this notice are issued and published in accordance with sections 751(c) and 777(i)(1) of the Act, and 19 CFR 351.218(f)(4). Dated: June 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12133 Filed 6–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that United Renewable Energy Co., Ltd. (URE) is the successor-in-interest to Gintech Energy Corporation (Gintech), Neo Solar Power Corporation (Neo Solar), and Solartech Energy Corporation (Solartech). If these preliminary results are adopted in our final results, we will assign URE the cash deposit rate assigned to Gintech, Neo Solar, and Solartech. We invite parties to comment on these preliminary results. DATES: Applicable June 10, 2019. FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations, AGENCY: 6 See E:\FR\FM\10JNN1.SGM PC Tie Wire from Mexico and PRC Orders. 10JNN1

Agencies

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26815-26816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12100]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement (NAFTA), Article 1904; 
Binational Panel Review: Notice of Request for Panel Review

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

ACTION: Notice of NAFTA requests for Panel Review in the matter Light-
Walled Rectangular Pipe and Tube from Mexico; Final Results of 
Antidumping Duty Administrative Review (Secretariat File Number: USA-
MEX-2019-1904-01).

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SUMMARY: A Request for Panel Review was filed on behalf of Maquilacero 
S.A. de C.V. (``Maquilacero'') and Perfiles LM, S.A. de C.V. 
(``Perfiles'') with the United States Section of the NAFTA Secretariat 
on May 22, 2019, pursuant to NAFTA Article 1904. Panel Review was 
requested of the Department of Commerce's final antidumping duty 
determination regarding Light-Walled Rectangular Pipe and Tube from 
Mexico. The final determination was published in the Federal Register 
on April 22, 2019. The NAFTA Secretariat has assigned case number USA-
MEX-2019-1904-01 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 June 21, 2019);
    (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

[[Page 26816]]

for filing a Notice of Appearance is July 8, 2019); 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: June 4, 2019.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2019-12100 Filed 6-7-19; 8:45 am]
 BILLING CODE 3510-GT-P