North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of Request for Panel Review; Correction, 25844 [2021-09874]
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Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904; Binational Panel
Review: Notice of Request for Panel
Review; Correction
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
AGENCY:
ACTION:
Notice; correction.
The Department of Commerce
published a document in the Federal
Register of May 3, 2021, in which it
announced the Binational Panel issuing
its Interim Decision and Order in the
matter of Large Residential Washers
from Mexico. That document incorrectly
stated that the Notice was for a Request
for Panel Review, as well as incorrectly
stating the date of issuance of the
Interim Decision.
SUMMARY:
Paul
E. Morris, United States Secretary,
NAFTA Secretariat, 1401 Constitution
Avenue NW, Washington, DC 20230,
(202) 482–5438.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Corrections
In the Federal Register of May 3,
2021, in FR Doc. 2021–09199, on page
23344, in the third column, the title of
the document incorrectly states
‘‘Request for Panel Review’’. The correct
title is ‘‘Interim Panel Decision’’.
In the Federal Register of May 3,
2021, in FR Doc. 2021–09199, on page
23345, in the first column in the
SUMMARY section, the date of issuance of
the Interim Decision and Order
incorrectly states April 26, 2019. The
correct date of issuance is April 26,
2021.
Dated: May 5, 2021.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2021–09874 Filed 5–10–21; 8:45 am]
BILLING CODE 3510–GT–P
[C–533–864]
Certain Corrosion-Resistant Steel
Products From India: Notice of Court
Decision Not in Harmony With the
Results of Countervailing Duty
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 29, 2021, the U.S.
Court of International Trade (CIT)
issued its final judgment in Uttam Galva
Steels Limited v. United States, Court
no. 19–00044, sustaining the
Department of Commerce (Commerce)’s
second remand results pertaining to the
administrative review of the
countervailing duty (CVD) order on
certain corrosion-resistant steel
products (CORE) from India covering
the period November 6, 2015, through
December 31, 2016. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final results of the
administrative review, and that
Commerce is amending the final results
with respect to the countervailable
subsidy rate assigned to Uttam Galva
Steels Limited/ Uttam Value Steels
Limited/Uttam Galva Metallics Limited
(collectively, Uttam Galva).
DATES: Applicable May 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0486.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 25, 2019, Commerce
published its Final Results in the 2015–
2016 CVD administrative review of
CORE from India.1 Commerce found
that Uttam Galva failed to properly
report its affiliation with Lloyds Steels
Industry Limited (LSIL).2 Therefore,
Commerce applied total adverse facts
available (AFA) pursuant to sections
776(a) and (b) of the Tariff Act of 1930,
as amended (the Act) to Uttam Galva.3
1 See
Certain Corrosion-Resistant Steel Products
from India: Final Results of Countervailing Duty
Administrative Review; 2015–2016, 84 FR 11053
(March 25, 2019) (Final Results), and accompanying
Issues and Decision Memorandum (IDM).
2 See Final Results IDM at Comment 4.
3 Id. Commerce found, as AFA, that LSIL was
cross-owned with Uttam Galva.
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Commerce constructed an AFA rate by
selecting the highest calculated rate for
the identical, or a similar/comparable,
program for each of the subsidy
programs under review.4
Uttam Galva appealed Commerce’s
Final Results with respect to the
application of AFA and Commerce’s
construction of the total AFA rate. On
February 6, 2020, the CIT remanded the
Final Results to Commerce, sustaining
Commerce’s decision to apply AFA to
Uttam Galva for failing to disclose its
affiliation with LSIL and granting
Commerce’s request for a voluntary
remand to reconsider the rate assigned
to the Market Access Initiative Program
and four additional programs.5 The CIT
directed Commerce to consider Uttam
Galva’s argument that 20 other subsidy
programs should not be included in the
total AFA rate and to further explain its
rate selections.6
In its First Remand Redetermination,
issued in May 2020, Commerce adjusted
Uttam Galva’s total AFA rate to reflect
the modifications for the five programs
that were the subject of its voluntary
remand request and continued to find
that the other 20 programs were
properly included in the AFA rate.7
Specifically, Commerce modified the
AFA rate for the Market Access
Initiative program from 16.63 percent to
6.06 percent and removed the following
programs from Uttam Galva’s total AFA
rate: (1) The Provision of Hot-Rolled
Steel for Less Than Adequate
Remuneration; (2) State Government of
Uttar Pradesh (SGUP) Exemption from
Entry Tax for the Iron and Steel
Industry; (3) SGUP Long-Term Interest
Free Loans Equivalent to the Amount of
Value-Added Tax and Central Sales Tax
Paid; and (4) SGUP’s Interest Free Loans
under the SGUP Development
Promotion Rules 2003.
The CIT remanded for a second time,
sustaining Commerce’s determination to
include the 20 disputed programs in
Uttam Galva’s AFA rate calculation, and
instructing Commerce to further explain
its decision to apply total AFA to Uttam
Galva in this review for Uttam Galva’s
failure to properly report its affiliation
with LSIL when Commerce applied
partial AFA to respondent JSW Steel
Limited (JSW) in the investigation of
4 Id.
5 See Uttam Galva Steels Limited v. United States,
Court No. 19–00044, Slip Op. 20–15 (CIT February
6, 2020).
6 Id. at 13–14.
7 See Final Results of Redetermination Pursuant
to Uttam Galva Steels Limited v. United States,
Court No. 19–00044, Slip Op. 20–15 (CIT February
6, 2020), dated May 6, 2020 (First Remand
Redetermination) at 27.
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11MYN1
Agencies
[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Notices]
[Page 25844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09874]
[[Page 25844]]
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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; Correction
AGENCY: United States Section, NAFTA Secretariat, International Trade
Administration, Department of Commerce.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce published a document in the Federal
Register of May 3, 2021, in which it announced the Binational Panel
issuing its Interim Decision and Order in the matter of Large
Residential Washers from Mexico. That document incorrectly stated that
the Notice was for a Request for Panel Review, as well as incorrectly
stating the date of issuance of the Interim Decision.
FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States
Secretary, NAFTA Secretariat, 1401 Constitution Avenue NW, Washington,
DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION:
Corrections
In the Federal Register of May 3, 2021, in FR Doc. 2021-09199, on
page 23344, in the third column, the title of the document incorrectly
states ``Request for Panel Review''. The correct title is ``Interim
Panel Decision''.
In the Federal Register of May 3, 2021, in FR Doc. 2021-09199, on
page 23345, in the first column in the Summary section, the date of
issuance of the Interim Decision and Order incorrectly states April 26,
2019. The correct date of issuance is April 26, 2021.
Dated: May 5, 2021.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2021-09874 Filed 5-10-21; 8:45 am]
BILLING CODE 3510-GT-P