United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review, 53393-53394 [2024-13251]

Download as PDF Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices 751(c)(2) of the Act} instructs the agency to seek.’’ 9 According to the CIT, because Archroma’s timely substantive response satisfied the request for substantive material pursuant to section 751(c)(2)(B) of the Act, the agency was obligated to conduct the sunset reviews of the Orders.10 Additionally, the CIT held that Commerce’s regulations at 19 CFR 351.218(d)(1), which sets the 15day procedural deadline for a notice of intent to participate, violates section 751(c)(2)–(3) of the Act, because it removes from domestic interested parties the statutory right to submit substantive information in a sunset review if, as here, a timely notice of intent is not filed.11 Consequently, the CIT issued a declaratory judgment and injunction, ordering Commerce to accept Archroma’s substantive response, and conduct full sunset reviews of the Orders. Timken Notice In its decision in Timken,12 as clarified by Diamond Sawblades,13 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with an agency determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 28, 2024, judgment constitutes a final decision that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. ddrumheller on DSK120RN23PROD with NOTICES1 Reinstatement of Antidumping Duty Orders Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries of OBAs China and Taiwan that are or were entered, or withdrawn from warehouse for consumption, on or after November 27, 2022. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of OBAs China and Taiwan that are or were entered, or withdrawn from warehouse for consumption, on or after November 27, 2022, as appropriate. Cash Deposit Rates At this time, Commerce remains enjoined by CIT order to require cash deposits at a rate of zero percent for entries of OBAs from China and Taiwan that are or were entered, or withdrawn from warehouse for consumption, on or after November 27, 2022. Upon a final and conclusive court decision in the litigation, Commerce intends to issue revised cash deposit instructions to CBP as appropriate. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: June 20, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Pursuant to the CIT’s May 28, 2024, final decision, Commerce is reinstating the Orders. [FR Doc. 2024–14029 Filed 6–25–24; 8:45 am] Reconduction of Sunset Reviews DEPARTMENT OF COMMERCE Through this notice, we are notifying the public that Commerce is reconducting its sunset reviews of the Orders in accordance with the CIT’s judgment. Commerce will begin reconducting the sunset review on July 1, 2024, to coordinate with the U.S. International Trade Commission’s sunset reviews, pursuant to section 751(c) of the Act. International Trade Administration 9 Id. at 16. at 18. 11 Id. at 18. 12 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 13 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 Id. VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 BILLING CODE 3510–DS–P 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 Aceroro S.A. de C.V. with the United States Section of the USMCA Secretariat on June 6, 2024, pursuant to USMCA SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 53393 Article 10.12. Panel Review was requested of the U.S. Department of Commerce’s Final Results in the 2021– 2022 Administrative Review of Antidumping Duty Order on Steel Concrete Reinforcing Bar from Mexico. FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, 202–482–5438. The final determination was published in the Federal Register on May 10, 2024 (89 FR 40467). The USMCA Secretariat has assigned case number USA–MEX–2024– 10.12–03 to this request. 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 July 8, 2024); (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 July 22, 2024); (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. SUPPLEMENTARY INFORMATION: E:\FR\FM\26JNN1.SGM 26JNN1 53394 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices Dated: June 11, 2024. Vidya Desai, United States Secretary, USMCA Secretariat. [FR Doc. 2024–13251 Filed 6–25–24; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0638–XE021] Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR 79 Assessment Webinar IV for Gulf of Mexico and South Atlantic Mutton Snapper. AGENCY: The SEDAR 79 assessment process of Gulf of Mexico and South Atlantic mutton snapper will consist of a Data Workshop, and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR 79 Assessment Webinar IV will be held Thursday, July 11, 2024, from 1 p.m. to 4 p.m., Eastern Time. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from or completed prior to the time established by this notice. ADDRESSES: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar. SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT: Julie A. Neer, SEDAR Coordinator; (843) 571– 4366; email: Julie.neer@safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 determining the status of fish stocks in the Southeast Region. SEDAR is a multistep process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO’s; International experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion during the Assessment webinar are as follows: Panelists will review and discuss assessment modeling to date. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice 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. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 5 business days prior to each workshop. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Dated: June 21, 2024. Diane M. DeJames-Daly, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–13999 Filed 6–25–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE054] Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR 95 Atlantic Migratory Cobia Indices Webinar II. AGENCY: The SEDAR 95 assessment of the Atlantic stock of cobia will consist of a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR 95 Atlantic Migratory Cobia Indices Webinar II has been scheduled for July 15, 2024, from 1 p.m. to 3 p.m., Eastern. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from or completed prior to the time established by this notice. ADDRESSES: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar. SEDAR address: 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405; www.sedarweb.org. FOR FURTHER INFORMATION CONTACT: Julie A. Neer, SEDAR Coordinator; phone: (843) 571–4366; email: Julie.neer@ safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in SUMMARY: E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53393-53394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13251]


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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 
Aceroro S.A. de C.V. with the United States Section of the USMCA 
Secretariat on June 6, 2024, pursuant to USMCA Article 10.12. Panel 
Review was requested of the U.S. Department of Commerce's Final Results 
in the 2021-2022 Administrative Review of Antidumping Duty Order on 
Steel Concrete Reinforcing Bar from Mexico.

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: The final determination was published in the 
Federal Register on May 10, 2024 (89 FR 40467). The USMCA Secretariat 
has assigned case number USA-MEX-2024-10.12-03 to this request.
    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 July 
8, 2024);
    (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 July 
22, 2024);
    (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.


[[Page 53394]]


    Dated: June 11, 2024.
Vidya Desai,
United States Secretary, USMCA Secretariat.
[FR Doc. 2024-13251 Filed 6-25-24; 8:45 am]
BILLING CODE 3510-GT-P
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