82_FR_2959 82 FR 2953 - U.S. Department of Commerce Advisory Council on Trade Enforcement and Compliance

82 FR 2953 - U.S. Department of Commerce Advisory Council on Trade Enforcement and Compliance

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 6 (January 10, 2017)

Page Range2953-2954
FR Document2017-00254

The Secretary of Commerce (Secretary), having determined that it is in the public interest in connection with the performance of duties imposed on the Department of Commerce by law, and with the concurrence of the General Services Administration, announces establishment of the U.S. Department of Commerce Advisory Council on Trade Enforcement and Compliance (ACTEC). The ACTEC shall advise the Secretary on laws and government policies that deal with trade enforcement; identify and recommend programs, policies, and actions to help the Department in its efforts to ensure that U.S. trading partners comply with their trade agreement commitments; and recommend ways that the Department's trade enforcement and compliance policies and programs can better support a strong trade and manufacturing agenda and enhance the commercial competitiveness of the United States. The ACTEC shall act as a liaison with the stakeholders represented by the membership, and shall provide a forum for stakeholder input regarding current and emerging issues in trade enforcement and compliance matters. The Department of Commerce will publish a notice in January soliciting nominations for membership on the ACTEC.

Federal Register, Volume 82 Issue 6 (Tuesday, January 10, 2017)
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 2953-2954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00254]


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DEPARTMENT OF COMMERCE

International Trade Administration


U.S. Department of Commerce Advisory Council on Trade Enforcement 
and Compliance

AGENCY: International Trade Administration, U.S. Department of 
Commerce.

ACTION: Notice of establishment of the U.S. Department of Commerce 
Advisory Council on Trade Enforcement and Compliance.

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SUMMARY: The Secretary of Commerce (Secretary), having determined that 
it is in the public interest in connection with the performance of 
duties imposed on the Department of Commerce by law, and with the 
concurrence of the General Services Administration, announces 
establishment of the U.S. Department of Commerce Advisory Council on 
Trade Enforcement and Compliance (ACTEC). The ACTEC shall advise the 
Secretary on laws and government policies that deal with trade 
enforcement; identify

[[Page 2954]]

and recommend programs, policies, and actions to help the Department in 
its efforts to ensure that U.S. trading partners comply with their 
trade agreement commitments; and recommend ways that the Department's 
trade enforcement and compliance policies and programs can better 
support a strong trade and manufacturing agenda and enhance the 
commercial competitiveness of the United States. The ACTEC shall act as 
a liaison with the stakeholders represented by the membership, and 
shall provide a forum for stakeholder input regarding current and 
emerging issues in trade enforcement and compliance matters. The 
Department of Commerce will publish a notice in January soliciting 
nominations for membership on the ACTEC.

DATES: Effective January 10, 2017.

FOR FURTHER INFORMATION CONTACT: Meredith Rutherford, U.S. Department 
of Commerce, 1401 Constitution Avenue NW., Room 3089, Washington, DC 
20230; telephone: 202 482 6199; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The ACTEC is established in accordance with the provisions of the 
Federal Advisory Committee Act, as amended, 5 U.S.C. App., to advise 
the Secretary on matters relating to relating to the Department's 
statutory missions to enforce U.S. trade remedy laws and seek foreign 
government compliance with trade agreements. The Department affirms 
that the creation of the ACTEC is necessary and in the public interest. 
The Assistant Secretary for Enforcement and Compliance, U.S. Department 
of Commerce, shall serve as the Executive Director of the ACTEC. The 
Executive Director shall designate both the Designated Federal Officer 
(DFO) and a Secondary DFO from among the employees of the International 
Trade Administration's Enforcement and Compliance unit. The DFO serves 
as the ACTEC Executive Secretary.
    The ACTEC shall advise the Secretary on laws and government 
policies that deal with trade enforcement; identify and recommend 
programs, policies, and actions to help the Department in its efforts 
to ensure that U.S. trading partners comply with their trade agreement 
commitments; and recommend ways that the Department's enforcement and 
compliance activities can better support a strong trade and 
manufacturing agenda and advance the commercial competitiveness of U.S. 
firms and workers.
    The ACTEC shall act as a liaison with the stakeholders represented 
by the membership, and shall provide a forum for stakeholders on 
current and emerging issues concerning trade enforcement and compliance 
matters.
    The ACTEC shall report to the Secretary on its activities and 
recommendations regarding the Department's trade enforcement and 
compliance efforts. In creating its reports, the ACTEC should survey 
and evaluate the trade enforcement and compliance concerns of its 
stakeholders, should identify and examine specific trade problems that 
require attention, and should examine the needs in this area to inform 
the ACTEC's efforts. The ACTEC should recommend specific solutions to 
the problems and needs it identifies.

II. Structure, Membership, and Operation

    The ACTEC shall consist of no more than twenty members appointed by 
the Secretary. Members shall represent U.S. entities involved in and 
significantly affected by imports and/or those that heavily export to, 
or operate in, countries with which the United States has trade 
agreements.
    All members must be U.S. Nationals and shall be selected based on 
their ability to carry out the objectives of the ACTEC, in accordance 
with applicable Department of Commerce guidelines, in a manner that 
ensures the ACTEC is balanced in terms of points of view, demographics, 
industry sector, geography of both production infrastructure and 
product inputs, and company size. Members shall also represent a broad 
range of products and services and shall be drawn from large, medium, 
and small enterprises, private sector organizations, and other 
entities, such as, non-governmental organizations, associations, and 
economic development organizations. Members shall serve in a 
representative capacity, representing the views and interests of their 
sponsoring entities and those of their particular industrial and 
regional sector (as applicable); they are, therefore, not Special 
Government Employees. Appointments to the ACTEC shall be made without 
regard to political affiliation.
    Members serve for a term of two years and will serve at the 
pleasure of the Secretary. The Secretary may at his/her discretion 
reappoint any member to an additional term or terms, provided that the 
member proves to work effectively on the ACTEC and his/her knowledge 
and advice are still needed.
    The Secretary shall designate the ACTEC chair and vice chair or 
vice chairs from among the members of the ACTEC. The Executive Director 
may establish subcommittees from among the ACTEC members, in order to 
perform specific functions within the jurisdiction of the ACTEC, 
subject to the provisions of the Federal Advisory Committee Act (FACA), 
the FACA implementing regulations, and applicable Department of 
Commerce guidance. Subcommittees must report back to the parent 
committee and do not provide advice or work product directly to the 
Secretary.

III. Compensation

    Members will not be compensated for their services or reimbursed 
for their travel expenses.

    Dated: January 4, 2017.
Steven Presing,
Executive Director for Trade Agreements Policy and Negotiations.
[FR Doc. 2017-00254 Filed 1-9-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices                                                   2953

                                                  In accordance with 19 CFR                            in Department Practice for Respondent                  Antidumping or Countervailing Duty
                                               351.213(b), an interested party as                      Selection in Antidumping Duty                          Order, Finding, or Suspended
                                               defined by section 771(9) of the Act may                Proceedings and Conditional Review of                  Investigation’’ for requests received by
                                               request in writing that the Secretary                   the Nonmarket Economy Entity in NME                    the last day of January 2017. If the
                                               conduct an administrative review. For                   Antidumping Duty Proceedings, 78 FR                    Department does not receive, by the last
                                               both antidumping and countervailing                     65963 (November 4, 2013), the                          day of January 2017, a request for
                                               duty reviews, the interested party must                 Department clarified its practice with                 review of entries covered by an order,
                                               specify the individual producers or                     regard to the conditional review of the                finding, or suspended investigation
                                               exporters covered by an antidumping                     non-market economy (NME) entity in                     listed in this notice and for the period
                                               finding or an antidumping or                            administrative reviews of antidumping                  identified above, the Department will
                                               countervailing duty order or suspension                 duty orders. The Department will no                    instruct CBP to assess antidumping or
                                               agreement for which it is requesting a                  longer consider the NME entity as an                   countervailing duties on those entries at
                                               review. In addition, a domestic                         exporter conditionally subject to                      a rate equal to the cash deposit of (or
                                               interested party or an interested party                 administrative reviews. Accordingly,                   bond for) estimated antidumping or
                                               described in section 771(9)(B) of the Act               the NME entity will not be under review                countervailing duties required on those
                                               must state why it desires the Secretary                 unless the Department specifically                     entries at the time of entry, or
                                               to review those particular producers or                 receives a request for, or self-initiates, a           withdrawal from warehouse, for
                                               exporters. If the interested party intends              review of the NME entity.3 In                          consumption and to continue to collect
                                               for the Secretary to review sales of                    administrative reviews of antidumping                  the cash deposit previously ordered.
                                               merchandise by an exporter (or a                        duty orders on merchandise from NME                       For the first administrative review of
                                               producer if that producer also exports                  countries where a review of the NME                    any order, there will be no assessment
                                               merchandise from other suppliers)                       entity has not been initiated, but where               of antidumping or countervailing duties
                                               which was produced in more than one                     an individual exporter for which a                     on entries of subject merchandise
                                               country of origin and each country of                   review was initiated does not qualify for              entered, or withdrawn from warehouse,
                                               origin is subject to a separate order, then             a separate rate, the Department will                   for consumption during the relevant
                                               the interested party must state                         issue a final decision indicating that the             provisional-measures ‘‘gap’’ period of
                                               specifically, on an order-by-order basis,               company in question is part of the NME                 the order, if such a gap period is
                                               which exporter(s) the request is                        entity. However, in that situation,                    applicable to the period of review.
                                               intended to cover.                                      because no review of the NME entity                       This notice is not required by statute
                                                  Note that, for any party the                         was conducted, the NME entity’s entries                but is published as a service to the
                                               Department was unable to locate in                      were not subject to the review and the                 international trading community.
                                               prior segments, the Department will not                 rate for the NME entity is not subject to                Dated: January 3, 2017.
                                               accept a request for an administrative                  change as a result of that review
                                               review of that party absent new                                                                                Gary Taverman,
                                                                                                       (although the rate for the individual                  Associate Deputy Assistant Secretary for
                                               information as to the party’s location.                 exporter may change as a function of the
                                               Moreover, if the interested party who                                                                          Antidumping and Countervailing Duty
                                                                                                       finding that the exporter is part of the               Operations.
                                               files a request for review is unable to                 NME entity).
                                               locate the producer or exporter for                                                                            [FR Doc. 2017–00252 Filed 1–9–17; 8:45 am]
                                                                                                          Following initiation of an
                                               which it requested the review, the                      antidumping administrative review
                                                                                                                                                              BILLING CODE 3510–DS–P

                                               interested party must provide an                        when there is no review requested of the
                                               explanation of the attempts it made to                  NME entity, the Department will
                                               locate the producer or exporter at the                                                                         DEPARTMENT OF COMMERCE
                                                                                                       instruct CBP to liquidate entries for all
                                               same time it files its request for review,              exporters not named in the initiation                  International Trade Administration
                                               in order for the Secretary to determine                 notice, including those that were
                                               if the interested party’s attempts were                 suspended at the NME entity rate.                      U.S. Department of Commerce
                                               reasonable, pursuant to 19 CFR                             All requests must be filed                          Advisory Council on Trade
                                               351.303(f)(3)(ii).                                      electronically in Enforcement and                      Enforcement and Compliance
                                                  As explained in Antidumping and                      Compliance’s Antidumping and
                                               Countervailing Duty Proceedings:                                                                               AGENCY: International Trade
                                                                                                       Countervailing Duty Centralized
                                               Assessment of Antidumping Duties, 68                                                                           Administration, U.S. Department of
                                                                                                       Electronic Service System (‘‘ACCESS’’)
                                               FR 23954 (May 6, 2003), and Non-                                                                               Commerce.
                                                                                                       on Enforcement and Compliance’s
                                               Market Economy Antidumping                              ACCESS Web site at http://                             ACTION: Notice of establishment of the
                                               Proceedings: Assessment of                              access.trade.gov.4 Further, in                         U.S. Department of Commerce Advisory
                                               Antidumping Duties, 76 FR 65694                         accordance with 19 CFR 351.303(f)(l)(i),               Council on Trade Enforcement and
                                               (October 24, 2011), the Department                      a copy of each request must be served                  Compliance.
                                               clarified its practice with respect to the              on the petitioner and each exporter or
                                               collection of final antidumping duties                                                                         SUMMARY:  The Secretary of Commerce
                                                                                                       producer specified in the request.                     (Secretary), having determined that it is
                                               on imports of merchandise where                            The Department will publish in the
                                               intermediate firms are involved. The                                                                           in the public interest in connection with
                                                                                                       Federal Register a notice of ‘‘Initiation
                                               public should be aware of this                                                                                 the performance of duties imposed on
                                                                                                       of Administrative Review of
                                               clarification in determining whether to                                                                        the Department of Commerce by law,
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                                               request an administrative review of                       3 In accordance with 19 CFR 351.213(b)(1), parties
                                                                                                                                                              and with the concurrence of the General
                                               merchandise subject to antidumping                      should specify that they are requesting a review of    Services Administration, announces
                                               findings and orders.2                                   entries from exporters comprising the entity, and to   establishment of the U.S. Department of
                                                  Further, as explained in Antidumping                 the extent possible, include the names of such         Commerce Advisory Council on Trade
                                                                                                       exporters in their request.                            Enforcement and Compliance (ACTEC).
                                               Proceedings: Announcement of Change                       4 See Antidumping and Countervailing Duty

                                                                                                       Proceedings: Electronic Filing Procedures;
                                                                                                                                                              The ACTEC shall advise the Secretary
                                                  2 See also the Enforcement and Compliance Web        Administrative Protective Order Procedures, 76 FR      on laws and government policies that
                                               site at http://trade.gov/enforcement/.                  39263 (July 6, 2011).                                  deal with trade enforcement; identify


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                                               2954                          Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices

                                               and recommend programs, policies, and                      The ACTEC shall act as a liaison with               chairs from among the members of the
                                               actions to help the Department in its                   the stakeholders represented by the                    ACTEC. The Executive Director may
                                               efforts to ensure that U.S. trading                     membership, and shall provide a forum                  establish subcommittees from among
                                               partners comply with their trade                        for stakeholders on current and                        the ACTEC members, in order to
                                               agreement commitments; and                              emerging issues concerning trade                       perform specific functions within the
                                               recommend ways that the Department’s                    enforcement and compliance matters.                    jurisdiction of the ACTEC, subject to the
                                               trade enforcement and compliance                           The ACTEC shall report to the                       provisions of the Federal Advisory
                                               policies and programs can better                        Secretary on its activities and                        Committee Act (FACA), the FACA
                                               support a strong trade and                              recommendations regarding the                          implementing regulations, and
                                               manufacturing agenda and enhance the                    Department’s trade enforcement and                     applicable Department of Commerce
                                               commercial competitiveness of the                       compliance efforts. In creating its                    guidance. Subcommittees must report
                                               United States. The ACTEC shall act as                   reports, the ACTEC should survey and                   back to the parent committee and do not
                                               a liaison with the stakeholders                         evaluate the trade enforcement and                     provide advice or work product directly
                                               represented by the membership, and                      compliance concerns of its stakeholders,               to the Secretary.
                                               shall provide a forum for stakeholder                   should identify and examine specific
                                                                                                       trade problems that require attention,                 III. Compensation
                                               input regarding current and emerging
                                               issues in trade enforcement and                         and should examine the needs in this                      Members will not be compensated for
                                               compliance matters. The Department of                   area to inform the ACTEC’s efforts. The                their services or reimbursed for their
                                               Commerce will publish a notice in                       ACTEC should recommend specific                        travel expenses.
                                               January soliciting nominations for                      solutions to the problems and needs it                   Dated: January 4, 2017.
                                               membership on the ACTEC.                                identifies.                                            Steven Presing,
                                               DATES: Effective January 10, 2017.                      II. Structure, Membership, and                         Executive Director for Trade Agreements
                                                                                                       Operation                                              Policy and Negotiations.
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              [FR Doc. 2017–00254 Filed 1–9–17; 8:45 am]
                                               Meredith Rutherford, U.S. Department                       The ACTEC shall consist of no more
                                                                                                                                                              BILLING CODE 3510–DS–P
                                               of Commerce, 1401 Constitution Avenue                   than twenty members appointed by the
                                               NW., Room 3089, Washington, DC                          Secretary. Members shall represent U.S.
                                               20230; telephone: 202 482 6199; email:                  entities involved in and significantly
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                               meredith.rutherford@trade.gov.                          affected by imports and/or those that
                                                                                                       heavily export to, or operate in,                      National Oceanic and Atmospheric
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       countries with which the United States                 Administration
                                               I. Background and Authority                             has trade agreements.
                                                                                                          All members must be U.S. Nationals                  RIN 0648–XE909
                                                  The ACTEC is established in                          and shall be selected based on their
                                               accordance with the provisions of the                   ability to carry out the objectives of the             Taking of Threatened or Endangered
                                               Federal Advisory Committee Act, as                      ACTEC, in accordance with applicable                   Marine Mammals Incidental to
                                               amended, 5 U.S.C. App., to advise the                   Department of Commerce guidelines, in                  Commercial Fishing Operations;
                                               Secretary on matters relating to relating               a manner that ensures the ACTEC is                     Proposed Issuance of Permit
                                               to the Department’s statutory missions                  balanced in terms of points of view,                   AGENCY:  National Marine Fisheries
                                               to enforce U.S. trade remedy laws and                   demographics, industry sector,                         Service (NMFS), National Oceanic and
                                               seek foreign government compliance                      geography of both production                           Atmospheric Administration (NOAA),
                                               with trade agreements. The Department                   infrastructure and product inputs, and                 Commerce.
                                               affirms that the creation of the ACTEC                  company size. Members shall also                       ACTION: Notice; request for comments.
                                               is necessary and in the public interest.                represent a broad range of products and
                                               The Assistant Secretary for Enforcement                 services and shall be drawn from large,                SUMMARY:   We, the National Marine
                                               and Compliance, U.S. Department of                      medium, and small enterprises, private                 Fisheries Service (NMFS), are proposing
                                               Commerce, shall serve as the Executive                  sector organizations, and other entities,              to issue a permit for a period of three
                                               Director of the ACTEC. The Executive                    such as, non-governmental                              years to authorize the incidental, but not
                                               Director shall designate both the                       organizations, associations, and                       intentional, take of two stocks of marine
                                               Designated Federal Officer (DFO) and a                  economic development organizations.                    mammals listed as threatened or
                                               Secondary DFO from among the                            Members shall serve in a representative                endangered under the Endangered
                                               employees of the International Trade                    capacity, representing the views and                   Species Act (ESA), under the Marine
                                               Administration’s Enforcement and                        interests of their sponsoring entities and             Mammal Protection Act (MMPA), by the
                                               Compliance unit. The DFO serves as the                  those of their particular industrial and               California (CA) thresher shark/
                                               ACTEC Executive Secretary.                              regional sector (as applicable); they are,             swordfish drift gillnet fishery (>14 inch
                                                  The ACTEC shall advise the Secretary                 therefore, not Special Government                      mesh) and the Washington (WA)/
                                               on laws and government policies that                    Employees. Appointments to the                         Oregon (OR)/CA sablefish pot fishery. In
                                               deal with trade enforcement; identify                   ACTEC shall be made without regard to                  accordance with the MMPA, NMFS
                                               and recommend programs, policies, and                   political affiliation.                                 issues this permit provided that it can
                                               actions to help the Department in its                      Members serve for a term of two years               make the determination that: The
                                               efforts to ensure that U.S. trading                     and will serve at the pleasure of the                  incidental take will have a negligible
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                                               partners comply with their trade                        Secretary. The Secretary may at his/her                impact on the affected stocks; a recovery
                                               agreement commitments; and                              discretion reappoint any member to an                  plan for all affected stocks of threatened
                                               recommend ways that the Department’s                    additional term or terms, provided that                or endangered marine mammals has
                                               enforcement and compliance activities                   the member proves to work effectively                  been developed or is being developed;
                                               can better support a strong trade and                   on the ACTEC and his/her knowledge                     and as required by the MMPA, a take
                                               manufacturing agenda and advance the                    and advice are still needed.                           reduction plan and monitoring program
                                               commercial competitiveness of U.S.                         The Secretary shall designate the                   have been implemented, and vessels in
                                               firms and workers.                                      ACTEC chair and vice chair or vice                     the CA thresher shark/swordfish drift


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Document Created: 2018-02-01 14:54:19
Document Modified: 2018-02-01 14:54:19
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 establishment of the U.S. Department of Commerce Advisory Council on Trade Enforcement and Compliance.
DatesEffective January 10, 2017.
ContactMeredith Rutherford, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 3089, Washington, DC 20230; telephone: 202 482 6199; email: [email protected]
FR Citation82 FR 2953 

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