United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review, 62055 [2023-19439]

Download as PDF Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 23, 2023, the petitioners 2 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations to 190 days after the date of initiation of the investigations.3 The petitioners stated that they request postponement due to the size and complexity of the investigations, the extensions of time already granted by Commerce to respondents, and the amount of time that will be needed for Commerce to conduct complete and thorough analyses in these investigations, including the issuance and review of additional supplemental questionnaires.4 For the reasons stated above and because there are no compelling reasons to deny the request for postponement, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than November 24, 2023.5 In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: September 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–19388 Filed 9–7–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P 2 The petitioners are the American Brass Rod Fair Trade Coalition and its constituent members, Mueller Brass Co. and Wieland Chase LLC, U.S. 3 See Petitioners’ Letter, ‘‘Request to Extend Antidumping Preliminary Determinations,’’ dated August 23, 2023. 4 Id. 5 Because the extended deadline for these preliminary determinations falls on a Federal holiday (i.e., November 23, 2023), the deadline becomes the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). VerDate Sep<11>2014 17:30 Sep 07, 2023 Jkt 259001 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 in the matter of Certain Softwood Lumber from Canada: Final Results of a Final Rescission, in Part, of the Countervailing Duty Administrative Review; 2021 with the U.S. Section of the USMCA Secretariat on August 31, 2023, pursuant to USMCA Article 10.12. The final results of the administrative review were published in the Federal Register on August 1, 2023. The USMCA Secretariat has assigned case number USA–CDA–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 October 2, 2023); SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 62055 (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 October 16, 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: September 5, 2023. Vidya Desai, U.S. Secretary, USMCA Secretariat. [FR Doc. 2023–19439 Filed 9–7–23; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–155] Certain Pea Protein From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable September 8, 2023. FOR FURTHER INFORMATION CONTACT: Kristen Johnson and Laura Griffith, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793 and (202) 482–6430, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 1, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain pea protein from the People’s Republic of China.1 Currently, the preliminary determination is due no later than October 5, 2023. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires 1 See Certain Pea Protein from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 52116 (August 7, 2023) (Initiation Notice). E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Page 62055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19439]


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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.

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SUMMARY: A Request for Panel Review was filed in the matter of Certain 
Softwood Lumber from Canada: Final Results of a Final Rescission, in 
Part, of the Countervailing Duty Administrative Review; 2021 with the 
U.S. Section of the USMCA Secretariat on August 31, 2023, pursuant to 
USMCA Article 10.12. The final results of the administrative review 
were published in the Federal Register on August 1, 2023. The USMCA 
Secretariat has assigned case number USA-CDA-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 
October 2, 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 October 
16, 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: September 5, 2023.
Vidya Desai,
U.S. Secretary, USMCA Secretariat.
[FR Doc. 2023-19439 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-GT-P

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