North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of No Further Proceedings, 16587-16588 [2021-06464]

Download as PDF Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices Proposed Partial Revocation of the Solar Cells Order SOURCE Global proposes that the Solar Cells Orders be revoked, in part, with respect to certain off-grid small portable CSPV panels as described below: (1). Off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) A total power output of no more than 80 watts per panel; (B) A surface area of less than 5,000 square centimeters (cm2) per panel; (C) Do not include a built-in inverter; (D) Do not have a frame around the edges of the panel; (E) Include a clear glass back panel; and (F) Must include a permanently connected wire that terminates in a two-port rectangular connector. jbell on DSKJLSW7X2PROD with NOTICES Initiation of CCRs, and Consideration of Revocation of the Solar Cells Orders, in Part Pursuant to section 751(b) of the Act, Commerce will conduct a CCR upon receipt of a request from an interested party 8 that shows changed circumstances sufficient to warrant a review of an order. In accordance with 19 CFR 351.216(d), Commerce determines that the information submitted by SOURCE Global, and the domestic producer’s affirmative statement of no interest in the Solar Cells Orders with respect to the products described by SOURCE Global, constitute a sufficient basis to conduct CCRs of the Solar Cells Orders. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that Commerce may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In addition, in the event that Commerce determines an expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the notices of initiation and preliminary results. In its administrative practice, Commerce has interpreted ‘‘substantially all’’ to mean producers accounting for at least 85 percent of the total U.S. production of the domestic like product covered by the order.9 8 SOURCE Global reported in its December 4, 2020, request for changed circumstances reviews that it is an importer of certain off-grid small portable CSPV panels. As such, SOURCE Global is an interested party within the meaning of section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii). 9 See, e.g., Certain Cased Pencils From the People’s Republic of China: Initiation and VerDate Sep<11>2014 17:59 Mar 29, 2021 Jkt 253001 Domestic producer SPMOR stated that it does not object to the scope modification proposed by SOURCE Global. However, because SPMOR did not indicate whether it accounts for substantially all of the U.S. production of the domestic like product covered by the orders, we are not combining this notice of initiation with a preliminary determination, pursuant to 19 CFR 351.221(c)(3)(ii). Rather, we will provide interested parties with an opportunity to address the issue of domestic industry support with respect to the partial revocation of the Solar Cells Orders, as explained below. After examining comments, if any, concerning domestic industry support, we will issue the preliminary results of these CCRs. Public Comment Interested parties are invited to provide comments and/or factual information regarding these CCRs, including comments on industry support and the proposed partial revocation language. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the comments and/or factual information are filed.10 All submissions must be filed electronically using Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (ACCESS).11 An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the due dates set forth in this notice. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.12 Preliminary and Final Results of the CCRs Commerce intends to publish in the Federal Register a notice of the Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils From the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 77 FR 53176 (August 31, 2012). 10 Submissions of rebuttal factual information must comply with 19 CFR 351.301(b)(2). 11 See generally 19 CFR 351.303. 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 16587 preliminary results of these AD and CVD CCRs in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary factual and legal conclusions in that notice. Unless extended, Commerce will issue the final results of these CCRs in accordance with the time limits set forth in 19 CFR 351.216(e). Notification to Interested Parties This initiation notice is published in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Dated: March 15, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–06540 Filed 3–29–21; 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 No Further Proceedings United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of No Further Proceedings in the matter of Certain Fabricated Structural Steel from Mexico; Final Results of Antidumping Duty Administrative Review (Secretariat File Number: USA–MEX–2020–1904–01). AGENCY: In Building Systems de Mexico, S.A. de C.V. v. United States, 476 F.Supp.3d 1401 (CIT, 2020) the Court of International Trade held that ‘‘it has jurisdiction over this proceeding because the requirements to request a binational panel, and divest this court of jurisdiction, have not been met.’’ See also, Full Member Subgroup of American Institute of Steel Construction, LLC v. United States, 477 F.Supp.3d 1349 (CIT, 2020). Consistent with these holdings, there are no further proceedings for binational panel review in Certain Fabricated Structural Steel from Mexico AD (USA–MEX–2020– 1904–01). FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, 1401 Constitution Avenue NW, Washington, DC 20230, 202–482–5438. SUPPLEMENTARY INFORMATION: Notice of the Department of Commerce’s Final Determination was published in the Federal Register January 30, 2020 (85 FR 5390). In the event a party wished SUMMARY: E:\FR\FM\30MRN1.SGM 30MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16588 Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices to challenge the Final Determination, pursuant to NAFTA Article 1904(15)(c)(ii), the deadline for the submission of a Notice of Intent to Commence Judicial Review was February 19, 2020 (within 20 days of publication of the Final Determination in the Federal Register), and pursuant to NAFTA Article 1904(4), the deadline for the submission of a Request for Panel Review was March 2, 2020 (within 30 days of publication of the Final Determination in the Federal Register). On February 19, 2020, the Full Member Subgroup of the American Institute of Steel Construction, LLC (‘‘AISC’’) and Building Systems de Mexico, S.A. de C.V. (‘‘BSM’’) filed Notices of Intent to Commence Judicial Review at the United States Court of International Trade. On February 28, 2020, Corey S.A. de C. V. (‘‘Corey’’) solely filed a Request for Panel Review. On November 3, 2020, in Building Systems de Mexico, S.A. de C.V. v. United States, 476 F.Supp.3d 1401, 1409 (CIT, 2020), the Court of International Trade held that ‘‘Corey does not have standing, as required in order for it to properly request review of Commerce’s final determination before a NAFTA binational panel. . . . NAFTA art. 1904(5) requires a private party to have standing, as determined by the laws of the importing country, in order to request a binational panel.’’ The Court of International Trade further held that ‘‘it has jurisdiction over this proceeding because the requirements to request a binational panel, and divest this court of jurisdiction, have not been met.’’ Id. at 1405. See also, Full Member Subgroup of American Institute of Steel Construction, LLC v. United States, 477 F.Supp.3d 1349 (CIT, 2020). Accordingly, there are no further proceedings for binational panel review in Certain Fabricated Structural Steel from Mexico AD (USA–MEX–2020– 1904–01). For the complete text of the NAFTA Agreement and the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/index.aspx?lang=eng. Dated: March 24, 2021. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2021–06464 Filed 3–29–21; 8:45 am] BILLING CODE 3510–GT–P VerDate Sep<11>2014 17:59 Mar 29, 2021 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA964] Marine Mammals; File No. 23896 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the Aleut Community of St. Paul Island, Tribal Government Ecosystem Conservation Office, 2050 Venia Minor Road, St. Paul Island, AK 99660 (Responsible Party: Lauren Divine, Ph.D.), has applied in due form for a permit to conduct research on northern fur seals (Callorhinus ursinus). DATES: Written, telefaxed, or email comments must be received on or before April 29, 2021. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 23896 from the list of available applications. These documents are available upon written request via email to NMFS.Pr1Comments@ noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 23896 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Sara Young or Shasta McClenahan, Ph.D., (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.). The Aleut Community of St. Paul Island proposes to conduct research on northern fur seals to fulfill their responsibilities as established under the co-management agreements between NMFS and the Aleut Communities on St. Paul Island, Alaska. All activities are SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 organized into five projects: (1) Assessing and monitoring the marine mammal population; (2) Assessing disturbance using VHF; (3) Assessing habitat use; (4) Salvage of parts for a biosampling program; and (5) Studying entanglement rates of northern fur seals. The applicant requests to take up to 600 northern fur seals annually by capture and handling. Procedures to be performed on handled animals include mark (flipper tag), VHF tags, measure, restrain, and weighing. The applicant requests to take up to 400 northern fur seals annually through salvage of parts. Up to 35,000 northern fur seals may be taken annually by harassment during ground surveys, unmanned aircraft systems surveys, observation, photograph/video, as well as one unintentional mortality, including humane euthanasia if necessary. Up to 2,330 Steller sea lions (Eumetopias jubatus) may be harassed annually for the proposed projects, including 100 during salvage of parts. Up to 610 harbor seals (Phoca vitulina) may be harassed annually, including 50 during salvage of parts. An unlimited number of samples may be salvaged from stranded marine mammals including up to ten unidentified cetaceans and up to ten unidentified pinnipeds annually. Parts salvaged from all marine mammal species described here may be imported or exported. The permit would be valid for five years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: March 24, 2021. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2021–06455 Filed 3–29–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF ENERGY National Coal Council; Meeting Office of Fossil Energy, Department of Energy. ACTION: Notice of open meeting. AGENCY: E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16587-16588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06464]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement (NAFTA), Article 1904 
Binational Panel Review: Notice of No Further Proceedings

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

ACTION: Notice of No Further Proceedings in the matter of Certain 
Fabricated Structural Steel from Mexico; Final Results of Antidumping 
Duty Administrative Review (Secretariat File Number: USA-MEX-2020-1904-
01).

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SUMMARY: In Building Systems de Mexico, S.A. de C.V. v. United States, 
476 F.Supp.3d 1401 (CIT, 2020) the Court of International Trade held 
that ``it has jurisdiction over this proceeding because the 
requirements to request a binational panel, and divest this court of 
jurisdiction, have not been met.'' See also, Full Member Subgroup of 
American Institute of Steel Construction, LLC v. United States, 477 
F.Supp.3d 1349 (CIT, 2020). Consistent with these holdings, there are 
no further proceedings for binational panel review in Certain 
Fabricated Structural Steel from Mexico AD (USA-MEX-2020-1904-01).

FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States 
Secretary, NAFTA Secretariat, 1401 Constitution Avenue NW, Washington, 
DC 20230, 202-482-5438.

SUPPLEMENTARY INFORMATION: Notice of the Department of Commerce's Final 
Determination was published in the Federal Register January 30, 2020 
(85 FR 5390). In the event a party wished

[[Page 16588]]

to challenge the Final Determination, pursuant to NAFTA Article 
1904(15)(c)(ii), the deadline for the submission of a Notice of Intent 
to Commence Judicial Review was February 19, 2020 (within 20 days of 
publication of the Final Determination in the Federal Register), and 
pursuant to NAFTA Article 1904(4), the deadline for the submission of a 
Request for Panel Review was March 2, 2020 (within 30 days of 
publication of the Final Determination in the Federal Register).
    On February 19, 2020, the Full Member Subgroup of the American 
Institute of Steel Construction, LLC (``AISC'') and Building Systems de 
Mexico, S.A. de C.V. (``BSM'') filed Notices of Intent to Commence 
Judicial Review at the United States Court of International Trade.
    On February 28, 2020, Corey S.A. de C. V. (``Corey'') solely filed 
a Request for Panel Review.
    On November 3, 2020, in Building Systems de Mexico, S.A. de C.V. v. 
United States, 476 F.Supp.3d 1401, 1409 (CIT, 2020), the Court of 
International Trade held that ``Corey does not have standing, as 
required in order for it to properly request review of Commerce's final 
determination before a NAFTA binational panel. . . . NAFTA art. 1904(5) 
requires a private party to have standing, as determined by the laws of 
the importing country, in order to request a binational panel.''
    The Court of International Trade further held that ``it has 
jurisdiction over this proceeding because the requirements to request a 
binational panel, and divest this court of jurisdiction, have not been 
met.'' Id. at 1405. See also, Full Member Subgroup of American 
Institute of Steel Construction, LLC v. United States, 477 F.Supp.3d 
1349 (CIT, 2020).
    Accordingly, there are no further proceedings for binational panel 
review in Certain Fabricated Structural Steel from Mexico AD (USA-MEX-
2020-1904-01).
    For the complete text of the NAFTA Agreement and the NAFTA Rules of 
Procedure for Article 1904 Binational Panel Reviews, please see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/index.aspx?lang=eng.

    Dated: March 24, 2021.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2021-06464 Filed 3-29-21; 8:45 am]
BILLING CODE 3510-GT-P
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