North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of NAFTA Panel Decision, 81451-81452 [2020-27612]

Download as PDF Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in the Appendix to this notice and addressed in the IDM.5 Interested parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which 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. In addition, a complete version of the IDM can be accessed directly at https:// enforcement.trade.gov/frn/. The signed IDM and the electronic version of the IDM are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made no changes to the preliminary weighted-average margin for Electrolux. Final Results of the Review As a result of this review, Commerce determines that a weighted-average dumping margin of 3.53 percent exists for Electrolux for the period February 1, 2018 through January 31, 2019. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), Electrolux reported the entered value of its U.S. sales such that we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018– 2019 Administrative Review of the Antidumping Duty Order on Large Residential Washers from Mexico,’’ (IDM), dated concurrently with, and hereby adopted by, this notice. VerDate Sep<11>2014 17:32 Dec 15, 2020 Jkt 253001 We intend to issue liquidation instructions to CBP 41 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Electrolux will be equal to the weighted-average dumping margin that is established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 36.52 percent, the all-others rate established in the LTFV investigation.6 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 81451 disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 10, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the IDM I. Summary II. Background III. Margin Calculations IV. Discussion of Issues Comment 1: Differential Pricing—the Ratio Test Comment 2: Differential Pricing— Calculating the Denominator of the Cohen’s d Test Comment 3: CEP Offset for Electrolux’s Canadian Sales Comment 4: Capping Freight Revenue in the Comparison Market V. Recommendation [FR Doc. 2020–27638 Filed 12–15–20; 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 NAFTA Panel Decision United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. AGENCY: Notice of NAFTA Panel Decision in the matter of Ammonium Sulphate from the United States of America. (Secretariat File Number: MEX–USA–2015–1904–01.) ACTION: Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the 6 See Large Residential Washers from Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 On December 7, 2020, a NAFTA Binational Panel issued its Final Decision in the matter of Ammonium Sulphate from the United States of America (Determination on Remand). The Binational Panel remanded the Secretaria de Economia’s (Economia) Determination on Remand SUMMARY: E:\FR\FM\16DEN1.SGM 16DEN1 81452 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices and ordered Economia to issue a redetermination within 90 days. FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Article 1904 of Chapter 19 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 provide judicial review of the trade remedy determination being challenged and then issue a binding Panel Decision. The NAFTA Binational Panel Decision is available publicly at https://can-mexusa-sec.org/secretariat/report-rapportreporte.aspx?lang=eng. There are established NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews and the NAFTA Panel Decision has been notified in accordance with Rule 70. For the complete Rules, please see https://can-mex-usa-sec.org/ secretariat/agreement-accord-acuerdo/ nafta-alena-tlcan/rules-regles-reglas/ article-article-articulo_ 1904.aspx?lang=eng. Dated: December 10, 2020. Vidya Desai, Acting U.S. Secretary, NAFTA Secretariat. [FR Doc. 2020–27612 Filed 12–15–20; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE Background National Oceanic and Atmospheric Administration [RTID 0648–XA698] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Long Beach Cruise Terminal Improvement Project in the Port of Long Beach, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. AGENCY: NMFS has received a request from the Carnival Corporation & PLC (Carnival) for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of five species of marine mammals, by Level A and Level B harassment, incidental to construction khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:32 Dec 15, 2020 Jkt 253001 associated with the Port of Long Beach Cruise Terminal Improvement Project in Port of Long Beach, California. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from November 19, 2019, through November 18, 2020. Carnival has requested re-issuance with new effective dates of December 10, 2020 through December 9, 2021. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA. DATES: This authorization is effective from December 10, 2020, through December 9, 2021. ADDRESSES: An electronic copy of the final 2019 IHA previously issued to Carnival, Carnival’s application, and the Federal Register notices proposing and issuing the initial IHA may be obtained by visiting https:// www.fisheries.noaa.gov/action/ incidental-take-authorization-cruiseterminal-improvement-project-portlong-beach-ca. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On November 25, 2019, NMFS published final notice of our issuance of an IHA authorizing take of marine mammals incidental to the Port of Long Beach Cruise Terminal Improvement Project (84 FR 64833). The effective dates of that IHA were November 19, 2019 through November 18, 2020. On November 24, 2020, Carnival informed NMFS that the project was delayed. None of the pile driving considered in the initial IHA has occurred. Carnival submitted a request that we reissue an identical IHA that would be effective from December 10, 2020 through December 9, 2021, in order to conduct the construction work that was analyzed and for which take was authorized in the previously issued IHA. Therefore, re-issuance of the IHA is appropriate. Summary of Specified Activity and Anticipated Impacts The planned activities (including mitigation, monitoring, and reporting), authorized incidental take, and anticipated impacts on the affected stocks are the same as those analyzed and authorized through the previously issued IHA. The purpose of Carnival’s project is to make improvements to its existing berthing facilities at the Long Beach Cruise Terminal in order to accommodate a new, larger class of cruise ships. Implementation of the project requires pile driving to install two high-capacity mooring dolphins, fenders, and a new passenger bridge system, and dredging at the existing E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81451-81452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27612]

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DEPARTMENT OF COMMERCE

International Trade Administration

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

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

ACTION: Notice of NAFTA Panel Decision in the matter of Ammonium
Sulphate from the United States of America. (Secretariat File Number:
MEX-USA-2015-1904-01.)

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SUMMARY: On December 7, 2020, a NAFTA Binational Panel issued its Final
Decision in the matter of Ammonium Sulphate from the United States of
America (Determination on Remand). The Binational Panel remanded the
Secretaria de Economia's (Economia) Determination on Remand

[[Page 81452]]

and ordered Economia to issue a redetermination within 90 days.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States
Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW,
Washington, DC 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Article 1904 of Chapter 19 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 provide judicial review of
the trade remedy determination being challenged and then issue a
binding Panel Decision. The NAFTA Binational Panel Decision is
available publicly at https://can-mex-usa-sec.org/secretariat/report-rapport-reporte.aspx?lang=eng. There are established NAFTA Rules of
Procedure for Article 1904 Binational Panel Reviews and the NAFTA Panel
Decision has been notified in accordance with Rule 70. For the complete
Rules, please see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/nafta-alena-tlcan/rules-regles-reglas/article-article-articulo_1904.aspx?lang=eng.

Dated: December 10, 2020.
Vidya Desai,
Acting U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2020-27612 Filed 12-15-20; 8:45 am]
BILLING CODE 3510-GT-P

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