United States-Mexico-Canada Agreement (USMCA), Article 10.12; Binational Panel Review: Notice of Request for Panel Review, 86536-86537 [2020-28030]

Download as PDF 86536 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices the respondent Ducar 14 and MTD Products, Inc. (the petitioner),15 respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed 6 months. 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 affirmative; (2) the requesting exporters account 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, pursuant to section 735(a)(2) of the Act. 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 of sales at LTFV. 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 of the subject merchandise 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: December 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation consists of certain rotary walkbehind lawn mowers, which are grass-cutting machines that are powered by internal combustion engines. The scope of this investigation covers certain walk-behind lawn mowers, whether selfpropelled or nonself-propelled, whether finished or 14 See Ducar’s Letter, ‘‘Certain Walk-Behind Lawn Mowers from Vietnam: Conditional Request for Extension of Final Determination,’’ dated November 30, 2020. 15 See Petitioner’s Letter, ‘‘Walk-Behind Lawn Mowers and Parts Thereof from the Socialist Republic of Vietnam: Request for Postponement of Final Determination,’’ dated December 7, 2020. VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 unfinished, whether assembled or unassembled, and whether containing any additional features that provide for functions in addition to mowing. Walk-behind lawn mowers within the scope of this investigation are only those powered by an internal combustion engine with a power rating of less than 3.7 kilowatts. These internal combustion engines are typically spark ignition, single or multiple cylinder, air cooled, internal combustion engines with vertical power take off shafts with a maximum displacement of 196cc. Walk-behind lawn mowers covered by this scope typically must be certified and comply with the Consumer Products Safety Commission Safety Standard For WalkBehind Power Lawn Mowers under the 16 CFR part 1205. However, lawn mowers that meet the physical descriptions above, but are not certified under 16 CFR part 1205 remain subject to the scope of this proceeding. The internal combustion engines of the lawn mowers covered by this scope typically must comply with and be certified under Environmental Protection Agency air pollution controls title 40, chapter I, subchapter U, part 1054 of the Code of Federal Regulations standards for small nonroad spark-ignition engines and equipment. However, lawn mowers that meet the physical descriptions above but that do not have engines certified under 40 CFR part 1054 or other parts of subchapter U remain subject to the scope of this proceeding. For purposes of this investigation, an unfinished and/or unassembled lawn mower means at a minimum, a sub-assembly comprised of an engine and a cutting deck shell attached to one another. A cutting deck shell is the portion of the lawn mower— typically of aluminum or steel—that houses and protects a user from a rotating blade. Importation of the subassembly whether or not accompanied by, or attached to, additional components such as a handle, blade(s), grass catching bag, or wheel(s) constitute an unfinished lawn mower for purposes of this investigation. The inclusion in a third country of any components other than the mower subassembly does not remove the lawn mower from the scope. Lawn mowers that meet the physical description above are covered by the scope of this investigation regardless of the origin of its engine, unless such lawn mowers contain an engine that is covered by the scope of the ongoing proceedings on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines) from China. If the proceedings on small vertical engines from China are terminated, the lawn mowers containing small vertical engines from China will be covered by the scope of this proceeding. The lawn mowers subject to this investigation are typically at subheading: 8433.11.0050. Lawn mowers subject to these investigations may also enter under Harmonized Tariff Schedule of the United States (HTSUS) 8407.90.1010 and 8433.90.1090. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Product Characteristics VII. Affiliation VIII. Discussion of the Methodology IX. Currency Conversion X. ITC Notification XI. Recommendation [FR Doc. 2020–28853 Filed 12–29–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration United States-Mexico-Canada Agreement (USMCA), Article 10.12; Binational Panel Review: Notice of Request for Panel Review United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of USMCA request for panel review. AGENCY: A Request for Panel Review was filed on behalf of CGC Inc. with the Canadian Section of the USMCA Secretariat on November 26, 2020, pursuant to USMCA Article 10.12. Panel Review was requested of the decision to not conduct an interim review made by the CITT with respect to Certain Gypsum Board, Sheet, or Panel originating in or exported from the United States of America. The decision to not conduct an interim review was published in the Canada Gazette on October 31, 2020. The USMCA Secretariat has assigned case number CDA–USA–2020–10.12–01 to this request. SUMMARY: FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Article 10.12 of Chapter 10 of USMCA 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. There are established Rules of E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices Procedure for Article 10.12 (Binational Panel Reviews), which were adopted by the three governments for panels requested pursuant to Article 10.12(2) of USMCA which requires Requests for Panel Review to be published in accordance with Rule 40. For the complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/ rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng. 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 44 no later than 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is December 29, 2020); (b) A Party, investigating authority or interested person who does not file a Complaint but who intends to participate in the panel review must file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is January 11, 2021); 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: December 15, 2020. Vidya Desai, Acting U.S. Secretary, USMCA Secretariat. [FR Doc. 2020–28030 Filed 12–29–20; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–876] Fine Denier Polyester Staple Fiber From India: Final Results of Countervailing Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Reliance Industries Limited (Reliance) received countervailable subsidies that are above de minimis during the period of review, November 6, 2017 through December 31, 2018. DATES: Applicable December 30, 2020. FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, AGENCY: VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3609. SUPPLEMENTARY INFORMATION: Background On April 3, 2020, Commerce published the Preliminary Results of this review.1 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.2 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days,3 thereby extending the deadline for these final results until November 19, 2020. On November 5, 2020, Commerce postponed the final results of this review by 33 days until December 22, 2020.4 Scope of the Order The merchandise covered by this order is fine denier polyester staple fiber (fine denier PSF). For a complete description of the scope of this order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the interested parties’ case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A summary of the events that occurred since Commerce published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, are discussed in the Issues and Decision Memorandum.5 The Issues and 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). 1 See Fine Denier Polyester Staple Fiber from the Republic of India: Preliminary Results of Countervailing Duty Administrative Review, 85 FR 18916 (April 3, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 4 See Memorandum, ‘‘2017–2018 Countervailing Duty Administrative Review of Fine Denier Polyester Staple Fiber from India: Extension of Deadline for Final Results,’’ dated November 5, 2020. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results in the 2017– 2018 Countervailing Duty Administrative Review of Fine Denier Polyester Staple Fiber from India,’’ dated concurrently, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 86537 ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. A list of the issues raised by interested parties and responded to by Commerce in the Issues and Decision Memorandum, is provided in the Appendix to this notice. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a description of the methodology underlying Commerce’s conclusions, see the Issues and Decision Memorandum. Changes Since the Preliminary Results Based on our analysis of the comments received from interested parties and record information, we made certain changes to the net subsidy rate calculated for Reliance. For a discussion of these changes, see the Issues and Decision Memorandum. Final Results of the Administrative Review In accordance with section 751(a)(1) of the Act and 19 CFR 351.221(B)(5), we find the net countervailable subsidy rate for the period November 6, 2017 through December 31, 2018 to be as follows: Company Subsidy rate (percent ad valorem) Reliance Industries Limited ...... 4.44 Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results to liquidate shipments of subject merchandise. We will instruct CBP to liquidate shipments of subject merchandise produced and/or 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5)(A) of the Act regarding specificity. E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86536-86537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28030]


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DEPARTMENT OF COMMERCE

International Trade Administration


United States-Mexico-Canada Agreement (USMCA), Article 10.12; 
Binational Panel Review: Notice of Request for Panel Review

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

ACTION: Notice of USMCA request for panel review.

-----------------------------------------------------------------------

SUMMARY: A Request for Panel Review was filed on behalf of CGC Inc. 
with the Canadian Section of the USMCA Secretariat on November 26, 
2020, pursuant to USMCA Article 10.12. Panel Review was requested of 
the decision to not conduct an interim review made by the CITT with 
respect to Certain Gypsum Board, Sheet, or Panel originating in or 
exported from the United States of America. The decision to not conduct 
an interim review was published in the Canada Gazette on October 31, 
2020. The USMCA Secretariat has assigned case number CDA-USA-2020-
10.12-01 to this request.

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

SUPPLEMENTARY INFORMATION: Article 10.12 of Chapter 10 of USMCA 
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. There are established Rules of

[[Page 86537]]

Procedure for Article 10.12 (Binational Panel Reviews), which were 
adopted by the three governments for panels requested pursuant to 
Article 10.12(2) of USMCA which requires Requests for Panel Review to 
be published in accordance with Rule 40. For the complete Rules, please 
see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng.
    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 44 no later than 30 days after the filing of the first 
Request for Panel Review (the deadline for filing a Complaint is 
December 29, 2020);
    (b) A Party, investigating authority or interested person who does 
not file a Complaint but who intends to participate in the panel review 
must file a Notice of Appearance in accordance with Rule 45 no later 
than 45 days after the filing of the first Request for Panel Review 
(the deadline for filing a Notice of Appearance is January 11, 2021); 
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: December 15, 2020.
Vidya Desai,
Acting U.S. Secretary, USMCA Secretariat.
[FR Doc. 2020-28030 Filed 12-29-20; 8:45 am]
BILLING CODE 3510-GT-P

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