North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review, 14465 [2020-05058]

Download as PDF Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: March 6, 2020. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Changes Since the Preliminary Results and Post-Preliminary Results V. Scope of the Order VI. Period of Revie VII. Subsidies Valuation Information VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Final Results of Review XI. Analysis of Comments Comment 1: Whether Commerce properly determined the appropriate denominator for Jindal Poly Films Limited (Jindal) for all export subsidies. Comment 2: Whether Commerce properly relied on facts available and an adverse inference to find the Section 32 Capital Investment Deductions of the Income Tax Act, 1961—Subsection 32AC(1A) program is a countervailable subsidy. Comment 3: Whether Commerce properly found the State Government of Maharashtra (SGOM) Package Scheme of Incentives (PSI) 2007—Industrial Promotion Subsidy (IPS) to be a countervailable subsidy. Comment 4: Whether Commerce should revise all allocations for all nonrecurring subsidies based on Jindal’s revised company-specific average useful life (AUL). Comment 5: Whether Commerce should not countervail export promotion capital goods scheme (EPCGS) Licenses for Jindal’s Global Non-Wovens (GNL) division for non-subject merchandise. Comment 6: Whether Commerce should deduct Jindal’s application fees it paid for its EPCGS licenses from the calculated benefit amounts. Comment 7: Whether Commerce made a calculation error related to the services export from India/services from India (SEIS/SFIS) schemes. Comment 8: Whether Commerce failed to explain the source for the interest rate used in the allocation of the status holder incentive scheme (SHIS). XII. Recommendation [FR Doc. 2020–05064 Filed 3–11–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:31 Mar 11, 2020 Jkt 250001 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. ACTION: Notice of NAFTA Requests for Panel Review in the matter of Certain Fabricated Structural Steel from Canada; Final Results of Antidumping Duty Administrative Review (Secretariat File Number: USA–CDA–2020–1904–02). AGENCY: Requests for Panel Review were filed on behalf of Canatal Inc. (Industries Canatal) and Les Constructions Beauce-Atlas Inc. (‘‘CBA’’) with the United States Section of the NAFTA Secretariat on February 28, 2020, pursuant to NAFTA Article 1904. Panel Reviews were requested of the Department of Commerce’s final antidumping duty determination regarding Certain Fabricated Structural Steel from Canada. The final determination was published in the Federal Register on January 30, 2020. The NAFTA Secretariat has assigned case number USA–CDA–2020–1904–02 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 SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 14465 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 March 30, 2020); (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 April 13, 2020); 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: March 9, 2020. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2020–05058 Filed 3–11–20; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XX045] Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would exempt five commercial fishing vessels from limited access sea scallop regulations in support of a study examining the feasibility of transplanting scallops from high density areas to areas of lower density using bottom trawls. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. SUMMARY: E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Page 14465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05058]


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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 of 
Certain Fabricated Structural Steel from Canada; Final Results of 
Antidumping Duty Administrative Review (Secretariat File Number: USA-
CDA-2020-1904-02).

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SUMMARY: Requests for Panel Review were filed on behalf of Canatal Inc. 
(Industries Canatal) and Les Constructions Beauce-Atlas Inc. (``CBA'') 
with the United States Section of the NAFTA Secretariat on February 28, 
2020, pursuant to NAFTA Article 1904. Panel Reviews were requested of 
the Department of Commerce's final antidumping duty determination 
regarding Certain Fabricated Structural Steel from Canada. The final 
determination was published in the Federal Register on January 30, 
2020. The NAFTA Secretariat has assigned case number USA-CDA-2020-1904-
02 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 March 30, 2020);
    (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 April 13, 
2020); 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: March 9, 2020.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2020-05058 Filed 3-11-20; 8:45 am]
 BILLING CODE 3510-GT-P