United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review, 45141-45142 [2023-14921]

Download as PDF Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 warranted and have combined the notice of initiation and the notice of preliminary results.14 In this CCR, pursuant to section 751(b) of the Act, Commerce conducted a successor-in-interest analysis. In making a successor-in-interest determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) ownership and management; (2) production facilities; (3) supplier relationships; and (4) customer base.15 While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-ininterest relationship, generally, Commerce will consider the new company to be the successor to the previous company if the new company’s resulting operation is not materially dissimilar to that of its predecessor.16 Thus, if the record evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, Commerce may assign the new company the cash deposit rate of its predecessor.17 In accordance with 19 CFR 351.216, we preliminarily determine that AKC is the successor-in-interest to AKP. Record evidence, as submitted by AKC, indicates that AKC operates as essentially the same business entity as AKP with respect to the subject merchandise.18 For the complete successor-in-interest analysis, see the Preliminary Decision Memorandum. A list of the topics 14 See, e.g., Pasta from Italy Preliminary Results, 80 FR at 33480–41, unchanged in Pasta from Italy Final Results, 80 FR at 48807. 15 See, e.g., Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from India Preliminary Results), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 90774 (December 15, 2016) (Shrimp from India Final Results). 16 See, e.g., Shrimp from India Preliminary Results, 81 FR at 75377, unchanged in Shrimp from India Final Results, 81 FR at 90774. 17 Id.; see also Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); Ball Bearings and Parts Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June 18, 2010); and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Preliminary Results of Antidumping Duty Changed Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which Commerce found that a company which only changed its name and did not change its operations is a successor-ininterest to the company before it changed its name. 18 See AKC’s Complete CCR Request. VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Public Comment In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 14 days after the date of publication of this notice.19 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the case briefs, in accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal briefs are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.20 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request via ACCESS within 14 days of publication of this notice.21 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing, in accordance with 19 CFR 351.310(d). All submissions are to be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) available to registered users at https:// access.trade.gov. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline.22 Note that Commerce has temporarily modified certain of its requirements for serving documents 19 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. 20 See 19 CFR 351.309(c)(2). 21 Commerce is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 22 See 19 CFR 351.303(b). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 45141 containing business proprietary information, until further notice.23 Final Results of Review Should our final results remain unchanged from these preliminary results, we will instruct U.S. Customs and Border Protection to assign entries of subject merchandise produced or exported by AKC the AD cash deposit rate applicable to AKP. Consistent with 19 CFR 351.216(e), we will issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary finding. Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3). Dated: July 7, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Initiation and Preliminary Results of Changed Circumstances Review V. Successor-in-Interest Determination VI. Recommendation [FR Doc. 2023–14934 Filed 7–13–23; 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 Grupo Acerero S.A. de C.V. with the United States Section of the USMCA Secretariat on July 6, 2023, pursuant to USMCA Article 10.12. Panel Review is requested of the U.S. International Trade Administration’s Final Results in the SUMMARY: 23 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\14JYN1.SGM 14JYN1 lotter on DSK11XQN23PROD with NOTICES1 45142 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Notices 2020–2021 Antidumping Administrative Review of Steel Concrete Reinforcing Bar from Mexico, which was published in the Federal Register on June 9, 2023. The USMCA Secretariat has assigned case number USA–MEX– 2023–10.12–01 to this request. FOR FURTHER INFORMATION CONTACT: Vidya Desai, 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://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 August 7, 2023); (b) A Party, an investigating authority or other interested person who does not 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 August 21, 2023); (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: July 7, 2023. Vidya Desai, U.S. Secretary, USMCA Secretariat. [FR Doc. 2023–14921 Filed 7–13–23; 8:45 am] BILLING CODE 3510–GT–P VerDate Sep<11>2014 17:54 Jul 13, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–970; C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on multilayered wood flooring from the People’s Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. DATES: Applicable June 23, 2023. FOR FURTHER INFORMATION CONTACT: Max Goldman (AD) or Jonathan Schueler (CVD), AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230; telephone: (202) 482–0224 or (202) 482–9175, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 8, 2011, Commerce published in the Federal Register the AD and CVD orders on multilayered wood flooring from China.1 On January 3, 2018, Commerce published a continuation of the Orders.2 On December 1, 2022, the ITC instituted,3 and Commerce initiated,4 the second sunset reviews of the Orders pursuant to 1 See Multilayered Wood Flooring from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 76 FR 76690 (December 8, 2011), and Multilayered Wood Flooring from the People’s Republic of China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011); see also Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012), wherein the scope of the orders was modified (collectively, Orders). 2 See Multilayered Wood Flooring from the People’s Republic of China: Continuation of Antidumping Duty Orders, 83 FR 344 (January 3, 2018) (First Continuation Notice). 3 See Multilayered Wood Flooring from China; Institution of Five-Year Reviews, 87 FR 73784 (December 1, 2022). 4 See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 (December 1, 2022). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 section 751(c)(2) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.218(c). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to continuation of recurrence of dumping and countervailable subsidies, and therefore, notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should these Orders be revoked.5 On June 23, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable times.6 Scope of the Orders Multilayered wood flooring is composed of an assembly of two or more layers or plies of wood veneer(s) 7 in combination with a core.8 The several layers, along with the core, are glued or otherwise bonded together to form a final assembled product. Multilayered wood flooring is often referred to by other terms, e.g., ‘‘engineered wood flooring’’ or ‘‘plywood flooring.’’ Regardless of the particular terminology, all products that meet the description set forth herein are intended for inclusion within the definition of subject merchandise. All multilayered wood flooring is included within the definition of subject merchandise, without regard to: dimension (overall thickness, thickness of face ply, thickness of back ply, thickness of core, and thickness of inner plies; width; and length); wood species used for the face, back and inner veneers; core composition; and face grade. Multilayered wood flooring included within the definition of subject merchandise may be unfinished (i.e., without a finally finished surface to protect the face veneer from wear and tear) or ‘‘prefinished’’ (i.e., a coating applied to the face veneer, including, but not exclusively, oil or oil-modified 5 See Multilayered Wood Flooring from the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 88 FR 19923 (April 4, 2023) and Multilayered Wood Flooring from the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order, 88 FR 20120 (April 5, 2023). 6 See Multilayered Wood Flooring from China; Determination, 88 FR 41128 (June 23, 2023) (ITC Determination). 7 A ‘‘veneer’’ is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled. 8 Commerce Interpretive Note: Commerce interprets this language to refer to wood flooring products with a minimum of three layers. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45141-45142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14921]


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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 Grupo 
Acerero S.A. de C.V. with the United States Section of the USMCA 
Secretariat on July 6, 2023, pursuant to USMCA Article 10.12. Panel 
Review is requested of the U.S. International Trade Administration's 
Final Results in the

[[Page 45142]]

2020-2021 Antidumping Administrative Review of Steel Concrete 
Reinforcing Bar from Mexico, which was published in the Federal 
Register on June 9, 2023. The USMCA Secretariat has assigned case 
number USA-MEX-2023-10.12-01 to this request.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, 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 August 
7, 2023);
    (b) A Party, an investigating authority or other interested person 
who does not 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 August 
21, 2023);
    (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: July 7, 2023.
Vidya Desai,
U.S. Secretary, USMCA Secretariat.
[FR Doc. 2023-14921 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-GT-P
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