North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of NAFTA Panel Decision, 13974-13975 [2022-05169]

Download as PDF 13974 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). 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 Patrol (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. In accordance with 19 CFR 351.212(b)(1), for Perfiles and Regiopytsa, the mandatory respondents, Commerce calculated importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those same sales. Where either a 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. Consistent with the reseller policy, for entries of subject merchandise during the POR produced by the mandatory respondents for which they did not know their merchandise was destined for the United States, we intend to instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.7 The assessment rate for antidumping duties for each of the companies not selected for individual examination, will be equal to the weighted-average dumping margin identified above in the ‘‘Final Results of Review’’ section. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.8 Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the Federal Register, in accordance with 19 CFR 356.8(a). If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See section 751(a)(2)(C) of the Act. VerDate Sep<11>2014 17:10 Mar 10, 2022 Jkt 256001 Cash Deposit Requirements Notification to Interested Parties The following cash deposit requirements will be effective for all shipments of 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 the companies listed above will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the relevant company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer has been covered in a prior complete segment of this proceeding, then the cash deposit rate will be the rate established for the most recentlycompleted segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.76 percent,9 the all-others rate established in the less-than-fair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Notification to Importers Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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. PO 00000 Order. Frm 00014 Fmt 4703 Sfmt 4703 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Perfiles’ Reported Billing Adjustments Comment 2: Cohen’s d Test Comment 3: Application of Adverse Facts Available to Perfiles’ Home Market Sales Comment 4: Production Cost of Off-Grade and Defective Products Comment 5: Adjustment to Perfiles’ Reported Coil Cost Comment 6: Unreconciled Differences of Perfiles’ Production Costs Comment 7: Major Input Analysis Comment 8: Application of Adverse Facts Available to Regiopytsa’s Financial Expense Ratio VI. Recommendation [FR Doc. 2022–05211 Filed 3–10–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 9 See Dated: March 4, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. 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. 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). AGENCY: On February 8, 2022, a NAFTA Binational Panel issued its 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) Third Determination on Remand and ordered Economia to issue a redetermination within 90 days. FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States SUMMARY: E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 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: March 8, 2022. Garrett Peterson, International Trade Specialist, NAFTA Secretariat. [FR Doc. 2022–05169 Filed 3–10–22; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB797] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Offshore From New York to Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of Renewal incidental harassment authorization (IHA). AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to ;rsted to incidentally harass marine mammals incidental to marine site characterization surveys offshore from New York to Massachusetts. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Mar 10, 2022 Jkt 256001 This Renewal IHA is valid from the date of issuance through September 24, 2022. FOR FURTHER INFORMATION CONTACT: Carter Esch, Office of Protected Resources, NMFS, (301) 427–8421. Electronic copies of the original application, renewal request, and supporting documents (including NMFS Federal Register notices of the original proposed and final authorizations, and the previous IHA), as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: DATES: Background The Marine Mammal Protection Act (MMPA) prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the 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 proposed or, if the taking is limited to harassment, a notice of a proposed incidental take authorization is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to here as ‘‘mitigation measures’’). Monitoring and reporting of such takings are also required. The meaning of key terms such as ‘‘take,’’ ‘‘harassment,’’ and ‘‘negligible impact’’ can be found in section 3 of the MMPA (16 U.S.C. 1362) and the agency’s regulations at 50 CFR 216.103. NMFS’ regulations implementing the MMPA at 50 CFR 216.107(e) indicate that IHAs may be renewed for additional periods not to exceed one PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 13975 year for each reauthorization. In the notice of proposed IHA for the initial authorization, NMFS described the circumstances under which we would consider issuing a Renewal IHA for this activity, and requested public comment on a potential renewal under those circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-year Renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical, or nearly identical, activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice is planned or (2) the activities as described in the Detailed Description of Specified Activities section of the initial IHA issuance notice would not be completed by the time the initial IHA expires and a renewal would allow for completion of the activities beyond that described in the DATES section of the initial IHA issuance, provided all of the following conditions are met: (1) A request for renewal is received no later than 60 days prior to the needed Renewal IHA effective date (recognizing that the Renewal IHA expiration date cannot extend beyond one year from expiration of the initial IHA). (2) The request for renewal must include the following: • An explanation that the activities to be conducted under the requested Renewal IHA are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take). • A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized. (3) Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA remain valid. An additional public comment period of 15 days (for a total of 45 days), with direct notice by email, phone, or postal service to commenters on the initial IHA, is provided to allow for any additional comments on the proposed E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13974-13975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05169]


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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 February 8, 2022, a NAFTA Binational Panel issued its 
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) Third Determination on Remand and 
ordered Economia to issue a redetermination within 90 days.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States

[[Page 13975]]

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: March 8, 2022.
Garrett Peterson,
International Trade Specialist, NAFTA Secretariat.
[FR Doc. 2022-05169 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-GT-P