North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Completion of Panel Review, 70930-70931 [2023-22543]

Download as PDF 70930 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices significant and deliberate; and that given the foregoing and the nature of the matters under investigation, there is a likelihood of imminent violations. Therefore, renewal of the TDO is necessary in the public interest to prevent imminent violation of the Regulations and to give notice to companies and individuals in the United States and abroad that they should avoid dealing with Aviastar, in connection with export and reexport transactions involving items subject to the Regulations and in connection with any other activity subject to the Regulations. lotter on DSK11XQN23PROD with NOTICES1 IV. Order It is therefore ordered: First, Aviastar—TU, 5 b. 7 Leningradsky prospekt, g. Moskva, 125040, Moscow, Russia, when acting for or on their behalf, any successors or assigns, agents, or employees may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license (except directly related to safety of flight), license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations, or engaging in any other activity subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or from any other activity subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations. Second, that no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) to or on behalf of Aviastar any item subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; VerDate Sep<11>2014 16:55 Oct 12, 2023 Jkt 262001 B. Take any action that facilitates the acquisition or attempted acquisition by Aviastar of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby Aviastar acquires or attempts to acquire such ownership, possession or control except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from Aviastar of any item subject to the EAR that has been exported from the United States except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; D. Obtain from Aviastar in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by Aviastar, or service any item, of whatever origin, that is owned, possessed or controlled by Aviastar if such service involves the use of any item subject to the EAR that has been or will be exported from the United States except directly related to safety of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the Regulations. For purposes of this paragraph, servicing means installation, maintenance, repair, modification, or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to Aviastar by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. In accordance with the provisions of Sections 766.24(e) of the EAR, Aviastar may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 before the expiration date. A renewal request may be opposed by Aviastar as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Aviastar, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–22614 Filed 10–12–23; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Completion of Panel Review United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of completion of panel review in the matter of Certain Fabricated Structural Steel from Canada; Final Negative Injury Determination (Secretariat File Number: USA–CDA– 2020–1904–05). AGENCY: The USA–CDA–2020–1904– 05 Panel has granted a consent motion filed on behalf of the Full Member Subgroup of the American Institute of Steel Construction, LLC, requesting the termination of panel review in the Certain Fabricated Structural Steel from Canada; Final Negative Injury Determination (Fabricated Structural Steel from Canada IN) dispute. Given the Panel’s ruling on this consent motion, and pursuant to Rule 71(2) of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews (Rules), the Fabricated Structural Steel from Canada IN dispute has been terminated. As a result, and in accordance with Rule 78(a), notice is hereby given that panel review of the Fabricated Structural Steel from Canada IN dispute has been completed effective September 28, 2023. FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of article 1904 of NAFTA provides a SUMMARY: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices dispute settlement mechanism involving trade remedy determinations issued by the government of the United States, the government of Canada, and the government of Mexico. There are established Rules, which were adopted by the three governments and require Notices of Completion of Panel Review to be published in accordance with Rule 78. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/ Texts-of-the-Agreement/Rules-ofProcedure/Article-1904. Dated: October 6, 2023. Vidya Desai, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2023–22543 Filed 10–12–23; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration Scope of the Orders [A–583–849, A–552–812, C–552–813] Steel Wire Garment Hangers From Taiwan and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order 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) orders on steel wire garment hangers (hangers) from Taiwan and the Socialist Republic of Vietnam (Vietnam), and the countervailing duty (CVD) order on hangers from Vietnam would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders and this CVD order. DATES: Applicable October 4, 2023. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482–2593. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 AGENCY: Background On December 10, 2012, and February 5, 2013, Commerce published in the Federal Register the AD and CVD orders on hangers from Vietnam and the AD VerDate Sep<11>2014 16:55 Oct 12, 2023 Jkt 262001 order on hangers from Taiwan.1 On April 3, 2023, the ITC instituted,2 and Commerce initiated,3 the second sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or 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 the Orders be revoked.4 On October 4, 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 time.5 The merchandise subject to the Orders is steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and whether or not fashioned with paper covers or capes (with or without printing) or nonslip features such as saddles or tubes. These products may also be referred to by a commercial designation, such as shirt, suit, strut, caped, or latex (industrial) hangers. Specifically excluded from the scope of the Orders are (a) wooden, plastic, and other garment hangers that are not made of steel wire; (b) steel wire garment hangers with swivel hooks; (c) steel wire garment hangers with clips permanently affixed; and (d) chrome plated steel wire garment hangers with a diameter of 3.4 mm or greater. 1 See Steel Wire Garment Hangers from Taiwan: Antidumping Duty Order, 77 FR 73424 (December 10, 2012); Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Antidumping Duty Order, 78 FR 8105 (February 5, 2013); and Certain Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Countervailing Duty Order, 78 FR 8107 (February 5, 2013) (collectively, Orders). 2 See Steel Wire Garment Hangers from Taiwan and Vietnam; Institution of Five-Year Reviews, 88 FR 19669 (April 3, 2023). 3 See Initiation of Five-Year (Sunset) Reviews, 88 FR 19616 (April 3, 2023). 4 See Steel Wire Garment Hangers from Taiwan and the Socialist Republic of Vietnam: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Orders, 88 FR 52123 (August 7, 2023), and accompanying Issues and Decision Memorandum (IDM); and Steel Wire Garment Hangers from the Socialist Republic of Vietnam: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 88 FR 43550 (July 10, 2023), and accompanying IDM. 5 See Steel Wire Garment Hangers from Taiwan and Vietnam; Determinations, 88 FR 68669 (October 4, 2023). PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 70931 The products subject to the Orders are currently classified under U.S. Harmonized Tariff Schedule (HTSUS) subheadings 7326.20.0020 and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders is October 4, 2023. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the date of the last determination by the Commission.6 Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceedings. 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: October 5, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–22523 Filed 10–12–23; 8:45 am] BILLING CODE 3510–DS–P 6 Id. E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 70930-70931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22543]

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DEPARTMENT OF COMMERCE

International Trade Administration

North American Free Trade Agreement (NAFTA), Article 1904
Binational Panel Reviews: Notice of Completion of Panel Review

AGENCY: United States Section, NAFTA Secretariat, International Trade
Administration, Department of Commerce.

ACTION: Notice of completion of panel review in the matter of Certain
Fabricated Structural Steel from Canada; Final Negative Injury
Determination (Secretariat File Number: USA-CDA-2020-1904-05).

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SUMMARY: The USA-CDA-2020-1904-05 Panel has granted a consent motion
filed on behalf of the Full Member Subgroup of the American Institute
of Steel Construction, LLC, requesting the termination of panel review
in the Certain Fabricated Structural Steel from Canada; Final Negative
Injury Determination (Fabricated Structural Steel from Canada IN)
dispute. Given the Panel's ruling on this consent motion, and pursuant
to Rule 71(2) of the NAFTA Rules of Procedure for Article 1904
Binational Panel Reviews (Rules), the Fabricated Structural Steel from
Canada IN dispute has been terminated. As a result, and in accordance
with Rule 78(a), notice is hereby given that panel review of the
Fabricated Structural Steel from Canada IN dispute has been completed
effective September 28, 2023.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary,
NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington,
DC 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of article 1904 of NAFTA provides
a

[[Page 70931]]

dispute settlement mechanism involving trade remedy determinations
issued by the government of the United States, the government of
Canada, and the government of Mexico. There are established Rules,
which were adopted by the three governments and require Notices of
Completion of Panel Review to be published in accordance with Rule 78.
For the complete Rules, please see https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Rules-of-Procedure/Article-1904.

Dated: October 6, 2023.
Vidya Desai,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2023-22543 Filed 10-12-23; 8:45 am]
BILLING CODE 3510-GT-P

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