United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review, 429-430 [2021-28587]

Download as PDF Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices TKELLEY on DSK125TN23PROD with NOTICE domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as domestic producers of hot-rolled steel. On September 30, 2021, Commerce received a timely and adequate substantive response from the domestic interested parties.4 We received no substantive responses from any other interested parties, including the Government of Korea, nor was a hearing requested. On October 20, 2021, Commerce notified the U.S. International Trade Commission that we did not receive an adequate substantive response from any respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the CVD order on hotrolled steel from Korea. that revocation of the order would be likely to lead to the continuation or recurrence of countervailable subsidies at the rates listed below: 429 Administration, Department of Commerce. ACTION: Notice of USMCA Request for Panel Review. A Request for Panel Review was filed on behalf of the Government of Canada; Conseil de l’Industrie POSCO ................................. 41.64 Forestiere du Que´bec, Ontario Forest Hyundai Steel Co., Ltd ......... 3.98 All Others .............................. 3.89 Industries Association; Canfor Corporation, Fontaine, Inc., Resolute FP Canada Inc., Tolko Marketing and Sales Notification Regarding Administrative Ltd., Tolko Industries Ltd., Gilbert Protective Order (APO) Smith Forest Products, and West Fraser This notice also serves as the only Mills Ltd. with the United States reminder to parties subject to an APO of Section of the USMCA Secretariat on their responsibility concerning the December 28, 2021, pursuant to USMCA destruction of proprietary information Article 10.12. Panel Review was disclosed under APO in accordance requested of the U.S. International with 19 CFR 351.305. Timely written Trade Administration’s Final Results of notification of the return or destruction the Antidumping Duty Administrative of APO materials or conversion to Review (2019) in Certain Softwood judicial protective order is hereby Lumber from Canada, which was Scope of the Order requested. Failure to comply with the published in the Federal Register on regulations and terms of an APO is a The product covered by this order is December 2, 2021. The USMCA hot-rolled steel. For a full description of sanctionable violation. Secretariat has assigned case number the scope, see the Issues and Decision USA–CDA–2021–10.12–04 to this Notification to Interested Parties Memorandum.6 request. We are issuing and publishing these FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received results in accordance with sections Vidya Desai, Acting United States All issues raised in this sunset review 751(c), 752(b), and 777(i)(1) of the Act, Secretary, USMCA Secretariat, Room and 19 CFR 351.218. are addressed in the accompanying 2061, 1401 Constitution Avenue NW, Issues and Decision Memorandum, Dated: December 29, 2021. Washington, DC 20230, 202–482–5438. which is hereby adopted by this notice. Ryan Majerus, SUPPLEMENTARY INFORMATION: Article A list of the topics discussed in the Deputy Assistant Secretary for Policy and 10.12 of Chapter 10 of USMCA provides Issues and Decision Memorandum is Negotiations, Performing the Non-Exclusive a dispute settlement mechanism attached as an appendix to this notice. Functions and Duties of the Assistant involving trade remedy determinations The Issues and Decision Secretary for Enforcement and Compliance. issued by the Government of the United Memorandum is a public document and States, the Government of Canada, and is on file electronically via Enforcement Appendix the Government of Mexico. Following a and Compliance’s Antidumping and List of Issues Addressed in the Issues and Request for Panel Review, a Binational Countervailing Duty Centralized Decision Memorandum Panel is composed to review the trade Electronic Service System (ACCESS). I. Summary remedy determination being challenged ACCESS is available to registered users II. Background and issue a binding Panel Decision. at https://access.trade.gov. In addition, a III. Scope of the Order There are established USMCA Rules of complete version of the Issues and IV. History of the Order Procedure for Article 10.12 (Binational Decision Memorandum can be accessed V. Legal Framework Panel Reviews), which were adopted by directly at https://access.trade.gov/ VI. Discussion of the Issues the three governments for panels 1. Likelihood of Continuation or public/FRNoticesListLayout.aspx. requested pursuant to Article 10.12(2) of Recurrence of Countervailable Subsidies Final Results of Sunset Review 2. Net Countervailable Subsidy Rates USMCA which requires Requests for Likely to Prevail Panel Review to be published in Pursuant to sections 751(c)(1) and 3. Nature of the Subsidies accordance with Rule 40. For the 752(b) of the Act, Commerce determines VII. Final Results of Review complete Rules, please see https://canVIII. Recommendation Steel Flat Products from Korea,’’ dated September mex-usa-sec.org/secretariat/agreement[FR Doc. 2021–28556 Filed 1–4–22; 8:45 am] 16, 2021; and Nucor’s Letter, ‘‘Hot-Rolled Steel Flat accord-acuerdo/usmca-aceum-tmec/ Products from the Republic of Korea: Notice of BILLING CODE 3510–DS–P rules-regles-reglas/article-articleIntent to Participate in Sunset Review,’’ dated articulo_10_12.aspx?lang=eng. September 16, 2021. 4 See Domestic Interested Parties’ Letter, The Rules provide that: DEPARTMENT OF COMMERCE ‘‘Substantive Response to Notice of Initiation of (a) A Party or interested person may Sunset Review,’’ dated September 30, 2021. challenge the final determination in 5 See Commerce’s Letter, ‘‘Sunset Reviews International Trade Administration whole or in part by filing a Complaint Initiated on September 1, 2021,’’ dated October 20, in accordance with Rule 44 no later than 2021. United States-Mexico-Canada 6 See Memorandum, ‘‘Issues and Decision 30 days after the filing of the first Agreement (USMCA), Article 10.12: Memorandum for the Final Results of the Expedited Request for Panel Review (the deadline Binational Panel Review: Notice of First Sunset Review of the Countervailing Duty for filing a Complaint is January 27, Request for Panel Review Order on Certain Hot-Rolled Steel Flat Products 2022); from the Republic of Korea,’’ dated concurrently (b) A Party, an investigating authority with, and hereby adopted by, this notice (Issues and AGENCY: United States Section, USMCA Secretariat, International Trade Decision Memorandum). or other interested person who does not VerDate Sep<11>2014 18:05 Jan 04, 2022 Jkt 256001 PO 00000 Subsidy rate (percent) Producer/exporter Frm 00006 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\05JAN1.SGM 05JAN1 430 Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices file a Complaint but who intends to participate in the panel review shall 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 February 11, 2022); (c) The panel review will 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 30, 2021. Garrett Peterson, International Trade Specialist, USMCA Secretariat. [FR Doc. 2021–28587 Filed 1–4–22; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB690] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Groundfish Management Team (GMT) will hold a work session that is open to the public. DATES: The online meeting will be held Tuesday, January 18, 2022, through Friday, January 21, 2022, starting at 8 a.m. Pacific Standard Time and ending when business has been completed for each day. ADDRESSES: This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT: Todd Phillips, Staff Officer, Pacific Council; telephone: (503) 820–2426. TKELLEY on DSK125TN23PROD with NOTICE SUMMARY: VerDate Sep<11>2014 18:05 Jan 04, 2022 Jkt 256001 The primary purpose of the GMT meeting is to develop and review analyses for the 2023–24 harvest specifications and routine management measures for consideration by the Pacific Council at its March and April 2022 meetings. The GMT will also consider new management measures proposed by the Pacific Council at their November 2021 meeting, such as potential changes to shortbelly rockfish management and reconfiguration of Groundfish Conservation Area boundaries. The GMT may also address other groundfish, Pacific halibut, and administrative agenda items scheduled for the March Pacific Council meeting. A detailed agenda will be available on the Pacific Council’s website prior to the meeting. No management actions will be decided by the GMT. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. SUPPLEMENTARY INFORMATION: Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: December 30, 2021. Diane M. DeJames-Daly, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–28592 Filed 1–4–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB693] North Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of webconference. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Climate Change Taskforce will meet January 18, 2022 through January 20, 2022. SUMMARY: The meeting will be held on Tuesday, January 18, 2022, through Thursday, January 20, 2022, from 8 a.m. to 4 p.m., Alaska Time. DATES: The meeting will be a webconference. Join online through the link at https://meetings.npfmc.org/ Meeting/Details/2734. Council address: North Pacific Fishery Management Council, 1007 W 3rd Ave., Anchorage, AK 99501–2252; telephone: (907) 271–2809. Instructions for attending the meeting are given under SUPPLEMENTARY INFORMATION, below. ADDRESSES: Dr. Diana Stram, Council staff; phone: (907) 271–2809 and email: diana.stram@ noaa.gov. For technical support, please contact our administrative staff; email: npfmc.admin@noaa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Agenda Tuesday, January 18, 2022 Through Thursday, January 20, 2022 The agenda will include: (a) Key risks; (b) adaptation tools—feasibility and effectiveness evaluation; (c) conceptual model update; (d) continued indicator development; (e) status and development of climate readyassessment; and (f) other business. The agenda is subject to change, and the latest version will be posted at https:// meetings.npfmc.org/Meeting/Details/ 2734 prior to the meeting, along with meeting materials. Connection Information You can attend the meeting online using a computer, tablet, or smart phone; or by phone only. Connection information will be posted online at: https://meetings.npfmc.org/Meeting/ Details/2734. Public Comment Public comment letters will be accepted and should be submitted electronically to https:// meetings.npfmc.org/Meeting/Details/ 2734. Authority: 16 U.S.C. 1801 et seq. Dated: December 30, 2021. Diane M. DeJames-Daly, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–28593 Filed 1–4–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 429-430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28587]


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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 the 
Government of Canada; Conseil de l'Industrie Forestiere du 
Qu[eacute]bec, Ontario Forest Industries Association; Canfor 
Corporation, Fontaine, Inc., Resolute FP Canada Inc., Tolko Marketing 
and Sales Ltd., Tolko Industries Ltd., Gilbert Smith Forest Products, 
and West Fraser Mills Ltd. with the United States Section of the USMCA 
Secretariat on December 28, 2021, pursuant to USMCA Article 10.12. 
Panel Review was requested of the U.S. International Trade 
Administration's Final Results of the Antidumping Duty Administrative 
Review (2019) in Certain Softwood Lumber from Canada, which was 
published in the Federal Register on December 2, 2021. The USMCA 
Secretariat has assigned case number USA-CDA-2021-10.12-04 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 review the trade 
remedy determination being challenged and issue a binding Panel 
Decision. There are established USMCA Rules of 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 
January 27, 2022);
    (b) A Party, an investigating authority or other interested person 
who does not

[[Page 430]]

file a Complaint but who intends to participate in the panel review 
shall 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 February 11, 2022);
    (c) The panel review will 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 30, 2021.
Garrett Peterson,
International Trade Specialist, USMCA Secretariat.
[FR Doc. 2021-28587 Filed 1-4-22; 8:45 am]
BILLING CODE 3510-GT-P
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