Oil Country Tubular Goods from Mexico: Notice of NAFTA Panel Decision Not In Harmony With Final Results of Sunset Administrative Review
On July 19, 2007, a Bi-National Panel (``Panel'') constituted under the North American Free Trade Agreement (``NAFTA'') affirmed the Department of Commerce's (``the Department's'') redetermination on remand of the final results of the sunset review on oil country tubular goods from Mexico. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Sunset Review of the Antidumping Duty Order, USA-MEX-2001-1904-03 (July 19, 2007) (``NAFTA Final Decision''). The Panel issued its Notice of Final Panel Action in the above-referenced matter on July 30, 2007. This case arises out of the Department's determination in the final results of the first sunset review covering entries for the five years after August 11, 1995. See Oil Country Tubular Goods (``OCTG'') from Mexico: Final Results of Sunset Review of Antidumping Order, 66 FR 14131 (March 9, 2001) and accompanying Issues and Decision Memorandum (``Final Results''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the NAFTA Final Decision and the Notice of Final Panel Action are not in harmony with the Department's Final Results.
Exemption of Foreign Air Carriers From Excise Taxes; Comprehensive Review of Findings of Reciprocity Eligibility
Notice is hereby given that, pursuant to section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), the Department of Commerce is undertaking to determine whether the governments of the countries or economies listed herein allow or will allow substantially reciprocal tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to or available to aircraft of those countries or economies by the United States under the aforementioned statute. The basis for this undertaking is a request from the U.S. Internal Revenue Service for a comprehensive review of the existing findings to determine whether those countries or economies previously subject to exemptions from certain U.S. internal revenue taxes continue to allow substantially reciprocal tax exemptions to aircraft of U.S. registry. The above-cited statute provides exemptions for aircraft of foreign registry from payment of certain internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. The Department of Commerce proposes that aircraft registered in the following countries or economies be provided exemptions as allowed by section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221). Afghanistan, Albania, Antigua and Barbuda, Argentina, Aruba, Australia, Austria, The Bahamas, Bahrain, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Burkina Faso, Burma, Cameroon, Canada, Cape Verde, Chad, Chile, People's Republic of China, Colombia, Democratic Republic of the Congo (only aircraft fuel and lubricants), Cook Islands, Costa Rica, Cote d'Ivoire, Cuba, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt (only aircraft fuel and lubricants), El Salvador, Ethiopia, Fiji, Finland, France, Gabon, The Gambia, Federal Republic of Germany, Ghana, Greece, Grenada, Guatemala, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya (only aircraft fuel and lubricants), Kiribati, Republic of Korea, Kuwait, Kyrgyzstan, Lebanon, Liberia, Luxembourg, Macau, Madagascar, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mexico, Federated States of Micronesia, Moldova, Montenegro, Morocco, Namibia, Netherlands, Netherlands Antilles, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Paraguay, Peru, Republic of the Philippines, Poland, Portugal, Qatar, Romania, Russia, Rwanda, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Serbia, Singapore, Slovak Republic, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan, Venezuela, Vietnam, Zambia, Zimbabwe. Interested parties are invited to submit their views, comments and supporting documentation in writing, both in regards to countries and economies listed as well as those that may be not recorded above, concerning this matter to Ms. Ana Guevara, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC 20230. Submissions should be sent electronically to OSImail@ita.doc.gov. All submissions should be received no later than thirty days from the date of publication of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection upon request. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1104, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482- 5071.