United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review, 88959-88960 [2024-26105]

Download as PDF Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices entries covered by this review, for the above-listed companies at the applicable ad valorem assessment rates listed. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of the final results of this review in the Federal Register. 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). Administrative Protective Order This notice also serves as a final reminder to parties subject to an 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 terms of an APO is a sanctionable violation. Notification to Interested Parties The final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: November 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Non-Selected Companies Under Review V. Subsidies Valuation VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Continue to Make an Adverse Inference to Find that the Mandatory Respondents Benefited from the Export Buyer’s Credit Program (EBCP) Comment 2: Whether Commerce Should Revise its Application of the Trading Company Methodology for Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK) Comment 3: Whether Commerce Should Grant Jiangsu Zhongji Lamination Materials Co., Ltd. (Zhongji) an Entered Value Adjustment (EVA) Comment 4: Whether Commerce Should Include Non-Production Income and Commission Expenses in Zhongji’s Total Sales Denominator VerDate Sep<11>2014 16:35 Nov 08, 2024 Jkt 265001 Comment 5: Whether Commerce Should Adjust the Aluminum Plate and/or Sheet and Strip Benchmark for the Zhongji Respondents 13 Comment 6: Whether Commerce Should Include Warehouse Storage Fees in the Benchmark for the Government Provision of Primary Aluminum for Less Than Adequate Remuneration (LTAR) Comment 7: Whether Commerce Should Adjust the Calculation of the Zhongji Respondents’ Inland Freight Used in the Primary Aluminum Benchmark Comment 8: Whether Commerce Should Include Certain Purchases Disclosed at Verification to calculate Anhui Zhongji’s Benefit from the Government Provision of Primary Aluminum for LTAR Comment 9: Whether Commerce Should Revise the Dingsheng Respondents’ Intercompany Sales Comment 10: Whether Commerce Should Adjust the Primary Aluminum, Aluminum Sheet and Coal Benchmarks for the Dingsheng Respondents Comment 11: Whether Commerce Should Include London Metal Exchange (LME) Data in the Calculation of the Primary Aluminum Benchmarks for the Dingsheng Respondents Comment 12: Whether Commerce Should Adjust the Ocean Freight Benchmarks for the Dingsheng Respondents Comment 13: Whether Commerce Should Revise the Dingsheng Respondents’ Benefit Calculations for Income Tax Deductions for Research and Development (R&D) Expenses Under the Enterprise Income Tax Law (EITL) Comment 14: Whether Commerce Should Adjust Dingsheng Respondents’ Benefit Calculation for the Government Provision of Electricity for LTAR Comment 15: Whether Commerce Should Revise Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd.’s (Liansheng’s) Benefit Calculation for Certain Government Grants IX. Recommendation Appendix II Non-Selected Companies Under Review 1. Alcha International Holdings Limited 2. Baotou Alcha Aluminum Co., Ltd. 3. Gränges Aluminum (Shanghai) Co., Ltd. 4. Guangxi Baise Xinghe Aluminum Industry Co., Ltd. 5. Hunan Suntown Marketing Limited 6. Jiangyin Dolphin Pack Ltd. Co. 7. Luoyang Longding Aluminium Industries Co., Ltd. 8. Shandong Yuanrui Metal Material Co., Ltd. 9. Shanghai Huafon Aluminium Corporation 10. Shanghai Shenhuo Aluminium Foil Co., Ltd. 11. Shanghai Shenyan Packaging Materials Co., Ltd. 12. SNTO International Trade Limited 13 The Zhongji Respondents include Zhongji HK, Zhongji, Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng), Shantou Wanshun New Material Group Co., Ltd. (Shantou Wanshun), Anhui Zhongji Battery Foil Sci&Tech Co., Ltd. (Anhui Zhongji), and Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd. (Sichuan Wanshun). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 88959 13. Suntown Technology Group Corporation Limited 14. Xiamen Xiashun Aluminium Foil Co. Ltd. 15. Yangtai Jintai International Trade Co., Ltd. 16. Yantai Donghai Aluminum Co., Ltd. 17. Yinbang Clad Material Co., Ltd. 18. Zhejiang Zhongjin Aluminum Industry Co., Ltd. [FR Doc. 2024–26168 Filed 11–8–24; 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 the Coalition for Fair Mexican Exports of Aluminum Extrusions with the United States Section of the USMCA Secretariat on November 1, 2024, pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. Department of Commerce’s Final Results in the matter of Aluminum Extrusions from Mexico: Final Affirmative Determination of Sales at Less than Fair Value. The USMCA Secretariat has assigned case number USA–MEX–2024–10.12–05 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: The final determination was published in the Federal Register on October 3, 2024 (89 FR 80463). 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 SUMMARY: E:\FR\FM\12NON1.SGM 12NON1 88960 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 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 December 2, 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 December 16, 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. Dated: November 5, 2024. Vidya Desai, United States Secretary, USMCA Secretariat. [FR Doc. 2024–26105 Filed 11–8–24; 8:45 am] BILLING CODE 3510–GT–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 the Coalition for Fair Mexican Exports of Aluminum Extrusions with the United States Section of the USMCA Secretariat on November 1, 2024, pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. Department of Commerce’s Final Results in the matter of Aluminum Extrusions from Mexico: Final Affirmative Countervailing Duty Determination. The USMCA Secretariat khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:35 Nov 08, 2024 Jkt 265001 has assigned case number USA–MEX– 2024–10.12–04 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. The final determination was published in the Federal Register on October 3, 2024 (89 FR 80496). 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 December 2, 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 December 16, 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: Dated: November 5, 2024. Vidya Desai, United States Secretary, USMCA Secretariat. [FR Doc. 2024–26102 Filed 11–8–24; 8:45 am] BILLING CODE 3510–GT–P PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–821–825] Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Joint Stock Company Apatit (JSC Apatit), a producer/exporter of phosphate fertilizers from the Russian Federation (Russia), received countervailable subsidies during the period of review (POR), January 1, 2022, through December 31, 2022. DATES: Applicable November 12, 2024. FOR FURTHER INFORMATION CONTACT: Shane Subler or William Horn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–4868, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background Commerce published the preliminary results of this administrative review on May 4, 2024.1 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On August 13, 2024, Commerce extended the deadline for the final results of this administrative review until November 5, 2024.3 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 1 See Phosphate Fertilizers from the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022, 89 FR 35794 (May 4, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated August 13, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Phosphate Fertilizers from the Russian Federation; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88959-88960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26105]


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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 the 
Coalition for Fair Mexican Exports of Aluminum Extrusions with the 
United States Section of the USMCA Secretariat on November 1, 2024, 
pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. 
Department of Commerce's Final Results in the matter of Aluminum 
Extrusions from Mexico: Final Affirmative Determination of Sales at 
Less than Fair Value. The USMCA Secretariat has assigned case number 
USA-MEX-2024-10.12-05 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: The final determination was published in the 
Federal Register on October 3, 2024 (89 FR 80463).
    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

[[Page 88960]]

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 
December 2, 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 
December 16, 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.

    Dated: November 5, 2024.
Vidya Desai,
United States Secretary, USMCA Secretariat.
[FR Doc. 2024-26105 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-GT-P

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