81_FR_39744 81 FR 39627 - North American Free Trade Agreement, Article 1904, Request for Panel Review

81 FR 39627 - North American Free Trade Agreement, Article 1904, Request for Panel Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 117 (June 17, 2016)

Page Range39627-39627
FR Document2016-14339

A Request for Panel Review was filed on behalf of Selenis Canada, Inc. with the United States Section of the North American Free Trade Agreement (NAFTA) Secretariat on June 6, 2016 pursuant to NAFTA Article 1904. Panel Review was requested of the International Trade Commission's final determination regarding Polyethylene Terephthalate Resin from Canada. The final injury determination was published in the Federal Register on May 4, 2016 (81 FRN 26832) and the effective antidumping order was published in the Federal Register on May 6, 2016 (81 FRN 27929). The NAFTA Secretariat has assigned case number USA-CDA- 2016-1904-01 to this request.

Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Page 39627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14339]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement, Article 1904, Request for 
Panel Review

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

ACTION: Notice of Request for Panel Review.

-----------------------------------------------------------------------

SUMMARY: A Request for Panel Review was filed on behalf of Selenis 
Canada, Inc. with the United States Section of the North American Free 
Trade Agreement (NAFTA) Secretariat on June 6, 2016 pursuant to NAFTA 
Article 1904. Panel Review was requested of the International Trade 
Commission's final determination regarding Polyethylene Terephthalate 
Resin from Canada. The final injury determination was published in the 
Federal Register on May 4, 2016 (81 FRN 26832) and the effective 
antidumping order was published in the Federal Register on May 6, 2016 
(81 FRN 27929). The NAFTA Secretariat has assigned case number USA-CDA-
2016-1904-01 to this request.

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

SUPPLEMENTARY INFORMATION: Chapter 19 of the NAFTA established a 
mechanism to replace domestic judicial review of final determinations 
in antidumping and countervailing duty cases involving imports from a 
NAFTA country with review by independent binational panels. When a 
Request for Panel Review is filed, a panel is established to act in 
place of national courts to review expeditiously the final 
determination to determine whether it conforms to the antidumping or 
countervailing duty law of the country that made the determination.
    Under NAFTA Article 1904, which came into force on January 1, 1994, 
the Government of the United States, the Government of Canada, and the 
Government of Mexico established Rules of Procedure for Article 1904 
Binational Panel Reviews (``Rules''). These Rules were published in the 
Federal Register on February 23, 1994 (59 FR 8686) and subsequently 
amended on April 10, 2008 (73 FR 19458).
    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 39 within 30 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is July 6, 2016);
    (b) A Party, investigating authority or interested person that does 
not file a Complaint but that intends to appear in support of any 
reviewable portion of the final determination may participate in the 
panel review by filing a Notice of Appearance in accordance with Rule 
40 within 45 days after the filing of the first Request for Panel 
Review (the deadline for filing a Notice of Appearance is July 21, 
2016); and
    (c) The panel review shall 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: June 13, 2016.
Paul E. Morri,s
United States Secretary, NAFTA Secretariat.
[FR Doc. 2016-14339 Filed 6-16-16; 8:45 am]
 BILLING CODE 3510-GT-P



                                                                                Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices                                                  39627

                                                closing period for their receipt is July                Panel Review is filed, a panel is                      administrative review of the
                                                27, 2016.                                               established to act in place of national                antidumping duty order on diffusion-
                                                   A copy of the notification will be                   courts to review expeditiously the final               annealed, nickel-plated flat-rolled steel
                                                available for public inspection at the                  determination to determine whether it                  products from Japan.1 The period of
                                                Office of the Executive Secretary,                      conforms to the antidumping or                         review (POR) is November 19, 2013,
                                                Foreign-Trade Zones Board, Room                         countervailing duty law of the country                 through April 30, 2015. The review
                                                21013, U.S. Department of Commerce,                     that made the determination.                           covers one producer/exporter of the
                                                1401 Constitution Avenue NW.,                              Under NAFTA Article 1904, which                     subject merchandise, Toyo Kohan Co.,
                                                Washington, DC 20230–0002, and in the                   came into force on January 1, 1994, the                Ltd. (Toyo Kohan). We preliminarily
                                                ‘‘Reading Room’’ section of the FTZ                     Government of the United States, the                   determine that sales of subject
                                                Board’s Web site, which is accessible                   Government of Canada, and the                          merchandise by Toyo Kohan were not
                                                via www.trade.gov/ftz.                                  Government of Mexico established                       made at less than normal value during
                                                   For further information, contact                     Rules of Procedure for Article 1904                    the POR. Interested parties are invited to
                                                Elizabeth Whiteman at                                   Binational Panel Reviews (‘‘Rules’’).                  comment on these preliminary results.
                                                Elizabeth.Whiteman@trade.gov or (202)                   These Rules were published in the                      DATES: Effective June 17, 2016.
                                                482–0473.                                               Federal Register on February 23, 1994                  FOR FURTHER INFORMATION CONTACT:
                                                  Dated: June 10, 2016.                                 (59 FR 8686) and subsequently amended                  Dena Crossland or Brian Davis, AD/CVD
                                                Elizabeth Whiteman,                                     on April 10, 2008 (73 FR 19458).                       Operations, Office VI, Enforcement and
                                                Acting Executive Secretary.                                The Rules provide that:                             Compliance, International Trade
                                                [FR Doc. 2016–14318 Filed 6–16–16; 8:45 am]                (a) A Party or interested person may                Administration, U.S. Department of
                                                BILLING CODE 3510–DS–P
                                                                                                        challenge the final determination in                   Commerce, 14th Street and Constitution
                                                                                                        whole or in part by filing a Complaint                 Avenue NW., Washington, DC 20230;
                                                                                                        in accordance with Rule 39 within 30                   telephone: (202) 482–3362 or (202) 482–
                                                DEPARTMENT OF COMMERCE                                  days after the filing of the first Request             7924, respectively.
                                                                                                        for Panel Review (the deadline for filing              SUPPLEMENTARY INFORMATION:
                                                International Trade Administration                      a Complaint is July 6, 2016);
                                                                                                           (b) A Party, investigating authority or             Scope of the Order
                                                North American Free Trade Agreement,                    interested person that does not file a                    The diffusion-annealed, nickel-plated
                                                Article 1904, Request for Panel Review                  Complaint but that intends to appear in                flat-rolled steel products included in
                                                AGENCY:  United States Section, NAFTA                   support of any reviewable portion of the               this order are flat-rolled, cold-reduced
                                                Secretariat, International Trade                        final determination may participate in                 steel products, regardless of chemistry;
                                                Administration, Department of                           the panel review by filing a Notice of                 whether or not in coils; either plated or
                                                Commerce.                                               Appearance in accordance with Rule 40                  coated with nickel or nickel-based
                                                ACTION: Notice of Request for Panel
                                                                                                        within 45 days after the filing of the first           alloys and subsequently annealed (i.e.,
                                                Review.                                                 Request for Panel Review (the deadline                 ‘‘diffusion-annealed’’); whether or not
                                                                                                        for filing a Notice of Appearance is July              painted, varnished or coated with
                                                SUMMARY:   A Request for Panel Review                   21, 2016); and                                         plastics or other metallic or nonmetallic
                                                was filed on behalf of Selenis Canada,                     (c) The panel review shall be limited               substances; and less than or equal to 2.0
                                                Inc. with the United States Section of                  to the allegations of error of fact or law,            mm in nominal thickness. For purposes
                                                the North American Free Trade                           including challenges to the jurisdiction               of this order, ‘‘nickel-based alloys’’
                                                Agreement (NAFTA) Secretariat on June                   of the investigating authority, that are               include all nickel alloys with other
                                                6, 2016 pursuant to NAFTA Article                       set out in the Complaints filed in the                 metals in which nickel accounts for at
                                                1904. Panel Review was requested of the                 panel review and to the procedural and                 least 80 percent of the alloy by volume.
                                                International Trade Commission’s final                  substantive defenses raised in the panel                  Imports of merchandise included in
                                                determination regarding Polyethylene                    review.                                                the scope of this order are classified
                                                Terephthalate Resin from Canada. The                      Dated: June 13, 2016.                                primarily under Harmonized Tariff
                                                final injury determination was                          Paul E. Morri,s
                                                                                                                                                               Schedule of the United States (HTSUS)
                                                published in the Federal Register on                                                                           subheadings 7212.50.0000 and
                                                                                                        United States Secretary, NAFTA Secretariat.
                                                May 4, 2016 (81 FRN 26832) and the                                                                             7210.90.6000, but may also be classified
                                                                                                        [FR Doc. 2016–14339 Filed 6–16–16; 8:45 am]
                                                effective antidumping order was                                                                                under HTSUS subheadings
                                                                                                        BILLING CODE 3510–GT–P                                 7210.70.6090, 7212.40.1000,
                                                published in the Federal Register on
                                                May 6, 2016 (81 FRN 27929). The                                                                                7212.40.5000, 7219.90.0020,
                                                NAFTA Secretariat has assigned case                                                                            7219.90.0025, 7219.90.0060,
                                                                                                        DEPARTMENT OF COMMERCE                                 7219.90.0080, 7220.90.0010,
                                                number USA–CDA–2016–1904–01 to
                                                this request.                                           International Trade Administration                     7220.90.0015, 7225.99.0090, or
                                                FOR FURTHER INFORMATION CONTACT: Paul                                                                          7226.99.0180. The foregoing HTSUS
                                                                                                        [A–588–869]                                            subheadings are provided only for
                                                E. Morris, United States Secretary,
                                                NAFTA Secretariat, Room 2061, 1401                                                                             convenience and customs purposes. The
                                                                                                        Diffusion-Annealed, Nickel-Plated Flat-                written description of the scope of this
                                                Constitution Avenue NW., Washington,                    Rolled Steel Products From Japan:
                                                DC 20230, (202) 482–5438.                                                                                      order is dispositive.
                                                                                                        Preliminary Results of Antidumping
                                                SUPPLEMENTARY INFORMATION: Chapter                                                                             Methodology
sradovich on DSK3TPTVN1PROD with NOTICES




                                                                                                        Duty Administrative Review; 2013–
                                                19 of the NAFTA established a                           2015                                                     The Department is conducting this
                                                mechanism to replace domestic judicial                                                                         review in accordance with section
                                                review of final determinations in                       AGENCY:  Enforcement and Compliance,
                                                                                                        International Trade Administration,                    751(a)(2) of the Tariff Act of 1930, as
                                                antidumping and countervailing duty
                                                cases involving imports from a NAFTA                    Department of Commerce.                                  1 See Initiation of Antidumping and
                                                country with review by independent                      SUMMARY: The Department of Commerce                    Countervailing Duty Administrative Reviews, 80 FR
                                                binational panels. When a Request for                   (the Department) is conducting an                      37588 (July 1, 2015).



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Document Created: 2016-06-17 01:05:25
Document Modified: 2016-06-17 01:05:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Request for Panel Review.
ContactPaul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW., Washington, DC 20230, (202) 482-5438.
FR Citation81 FR 39627 

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