82 FR 33049 - North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 137 (July 19, 2017)
International Trade Administration
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33049-33050 | |
| FR Document | 2017-15168 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Notices] [Pages 33049-33050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15168] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review AGENCY: United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: A Request for Panel Review was filed on behalf of Maquilacero S.A. de C.V. with the United States Section [[Page 33050]] of the NAFTA Secretariat on July 12, 2017, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce's final determination regarding Certain Circular Welded Non-Alloy Steel Pipe from Mexico. The final results of the antidumping duty administrative review and final determination of no shipments, 2014-2015, was published in the Federal Register on June 13, 2017 (82 FR 27039). The NAFTA Secretariat has assigned case number USA-MEX-2017-1904-01 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 Article 1904 of NAFTA 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 NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, which were adopted by the three governments for panels requested pursuant to Article 1904(2) of NAFTA which requires Requests for Panel Review to be published in accordance with Rule 35. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Rules-of-Procedure/Article-1904. 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 August 11, 2017); (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 August 28, 2017); 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: July 14, 2017. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2017-15168 Filed 7-18-17; 8:45 am] BILLING CODE 3510-GT-P
![Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33049
Department preliminarily determined International Trade Commission rubbers, both of which contain at least one
that critical circumstances did not exist Notification percent of organic acids from the emulsion
for the mandatory respondent polymerization process.
In accordance with section 735(d) of ESB rubber is produced and sold in
ARLANXEO Brasil or the exporters and the Act, the Department will notify the accordance with a generally accepted set of
producers not individually investigated International Trade Commission (ITC) of product specifications issued by the
(i.e., ‘‘all-others’’). In this final, the its final affirmative determination. International Institute of Synthetic Rubber
Department continues to find that, in Because the final determination in this Producers (IISRP). The scope of the
accordance with 735(a)(3) of the Act, proceeding is affirmative, in accordance investigation covers grades of ESB rubber
critical circumstances do not exist for with section 735(b)(2) of the Act, the included in the IISRP 1500 and 1700 series
ARLANXEO Brasil or the non- of synthetic rubbers. The 1500 grades are
ITC will make its final determination as
light in color and are often described as
individually examined companies to whether the domestic industry in the ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
receiving the all-others rate in this United States is materially injured, or are oil-extended and thus darker in color,
investigation. A discussion of the threatened with material injury, by and are often called ‘‘Brown Rubber.’’
determination can be found in the reason of imports of ESB rubber from Specifically excluded from the scope of
‘‘Negative Determination of Critical Brazil no later than 45 days after the this investigation are products which are
Circumstances’’ section of the Issues Department’s final determination. If the manufactured by blending ESB rubber with
and Decision Memorandum. ITC determines that material injury or other polymers, high styrene resin master
threat of material injury does not exist, batch, carbon black master batch (i.e., IISRP
Continuation of Suspension of the proceeding will be terminated and 1600 series and 1800 series) and latex (an
Liquidation intermediate product).
all securities posted will be refunded or The products subject to this investigation
In accordance with section canceled. If the ITC determines that are currently classifiable under subheadings
735(c)(1)(B) of the Act, the Department such injury does exist, the Department 4002.19.0015 and 4002.19.0019 of the
will instruct U.S. Customs and Border will issue an antidumping duty order Harmonized Tariff Schedule of the United
Protection (CBP) to continue to suspend directing CBP to assess, upon further States (HTSUS). ESB rubber is described by
instruction by the Department, Chemical Abstract Services (CAS) Registry
liquidation of all appropriate entries of No. 9003–55–8. This CAS number also refers
ESB rubber from Brazil as described in antidumping duties on appropriate
imports of the subject merchandise to other types of styrene butadiene rubber.
Appendix I of this notice, which were Although the HTSUS subheadings and CAS
entered, or withdrawn from warehouse, entered, or withdrawn from warehouse,
registry number are provided for convenience
for consumption on or after February 24, for consumption on or after the date of and customs purposes, the written
2017, the date of publication of the the suspension of liquidation. description of the scope of this investigation
Preliminary Determination of this Notification to Regarding is dispositive.
investigation in the Federal Register. Administrative Protective Orders Appendix II
Further, pursuant to section 735(c)(1)(B) This notice serves as a reminder to
of the Act and 19 CFR 351.210(d), the List of Topics Discussed in the Issues and
parties subject to an administrative Decision Memorandum
Department will instruct CBP to require protective order (APO) of their
a cash deposit equal to the estimated I. Summary
responsibility concerning the II. Background
weighted-average dumping margin or disposition of proprietary information III. Scope of the Investigation
the estimated all-others rate, as follows: disclosed under APO in accordance IV. Scope Comments
(1) The cash deposit rate for the with 19 CFR 351.305(a)(3). Timely V. Final Negative Determination of Critical
respondents listed above will be equal notification of the return or destruction Circumstances
to the respondent-specific estimated of APO materials, or conversion to VI. Margin Calculations
weighted-average dumping margins judicial protective order, is hereby VII. Discussion of the Issues
determined in this final determination; Comment 1: Level of Trade
requested. Failure to comply with the
(2) if the exporter is not a respondent Comment 2: U.S. Indirect Selling Expenses
regulations and the terms of an APO is Comment 3: Domestic Indirect Selling
identified above, but the producer is, a violation subject to sanction. Expense Clerical Error
then the cash deposit rate will be equal This determination and this notice are VIII. Recommendation
to the respondent-specific estimated issued and published pursuant to [FR Doc. 2017–14954 Filed 7–18–17; 8:45 am]
weighted-average dumping margin sections 735(d) and 777(i)(1) of the Act
BILLING CODE 3510–DS–P
established for that producer of the and 19 CFR 351.210(c).
subject merchandise; and (3) the cash Dated: July 10, 2017.
deposit rate for all other producers and DEPARTMENT OF COMMERCE
Gary Taverman,
exporters will be equal to the all-others
Deputy Assistant Secretary for Antidumping
estimated weighted-average dumping International Trade Administration
and Countervailing Duty Operations,
margin. performing the non-exclusive functions and
duties of the Assistant Secretary for North American Free Trade Agreement
Disclosure (NAFTA), Article 1904 Binational Panel
Enforcement and Compliance.
The Department intends to disclose to Review: Notice of Request for Panel
Appendix I Review
interested parties its calculations and
Scope of the Investigation
asabaliauskas on DSKBBXCHB2PROD with NOTICES
analysis performed in this final AGENCY: United States Section, NAFTA
determination within five days of any For purposes of this investigation, the Secretariat, International Trade
public announcement or, if there is no product covered is cold-polymerized
Administration, Department of
public announcement, within five days emulsion styrene-butadiene rubber (ESB
rubber). The scope of the investigation Commerce
of the date of publication of this notice includes, but is not limited to, ESB rubber in ACTION: Notice.
in accordance with 19 CFR 351.224(b). primary forms, bales, granules, crumbs,
pellets, powders, plates, sheets, strip, etc. SUMMARY: A Request for Panel Review
(ESBR) from Brazil and South Korea: Critical ESB rubber consists of non-pigmented was filed on behalf of Maquilacero S.A.
Circumstances Allegation,’’ dated January 25, 2017. rubbers and oil-extended non-pigmented de C.V. with the United States Section
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![33050 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices
of the NAFTA Secretariat on July 12, substantive defenses raised in the panel Associación de Exportadores e
2017, pursuant to NAFTA Article 1904. review. Industiales de Aceitunas de Mesa
Panel Review was requested of the Dated: July 14, 2017. (ASEMESA), an interested party,
Department of Commerce’s final Paul E. Morris,
requested the Department poll the
determination regarding Certain domestic industry of olive growers and
U.S. Secretary, NAFTA Secretariat.
Circular Welded Non-Alloy Steel Pipe the workers employed by them.4 On
[FR Doc. 2017–15168 Filed 7–18–17; 8:45 am] July 7, 2017, the petitioner submitted
from Mexico. The final results of the
antidumping duty administrative review BILLING CODE 3510–GT–P rebuttal comments to ASEMESA’s
and final determination of no polling request 5 final proposed scope
shipments, 2014–2015, was published language. ASEMESA submitted an
DEPARTMENT OF COMMERCE additional argument and request for the
in the Federal Register on June 13, 2017
(82 FR 27039). The NAFTA Secretariat International Trade Administration Department to poll the domestic
has assigned case number USA–MEX– industry of olive growers on July 10,
2017–1904–01 to this request. [C–469–818] 2017.6 Also on July 10, 2017, the
FOR FURTHER INFORMATION CONTACT: Paul
Department held consultations with
Ripe Olives From Spain: Initiation of respect to the CVD Petition, the
E. Morris, United States Secretary, Countervailing Duty Investigation
NAFTA Secretariat, Room 2061, 1401 Government of Spain (GOS) and the
Constitution Avenue NW., Washington, AGENCY: Enforcement and Compliance, European Commission (EC) provided
DC 20230, (202) 482–5438. International Trade Administration, comments on the countervailability of
U.S. Department of Commerce the alleged programs and requested
SUPPLEMENTARY INFORMATION: Chapter clarification on the procedural
DATES: Applicable July 12, 2017.
19 of Article 1904 of NAFTA provides timelines. The GOS and the EC
a dispute settlement mechanism FOR FURTHER INFORMATION CONTACT:
submitted their comments in written
involving trade remedy determinations Jennifer Shore at (202) 482–2778, AD/
form that same day.7 On July 12, 2017,
issued by the Government of the United CVD Operations, Enforcement and
Acorsa USA, Inc., Atalanta Corporation,
States, the Government of Canada, and Compliance, International Trade
Mario Camacho Foods, LLC, Mitsui
the Government of Mexico. Following a Administration, U.S. Department of
Foods, Inc., and Schreiber Foods
Request for Panel Review, a Binational Commerce, 1401 Constitution Avenue
International, Inc. revised and
Panel is composed to review the trade NW., Washington, DC 20230.
resubmitted their July 11, 2017,
remedy determination being challenged SUPPLEMENTARY INFORMATION: submission, which was previously
and issue a binding Panel Decision. The Petition rejected. However, this new submission
There are established NAFTA Rules of was filed too late for us to consider.
Procedure for Article 1904 Binational On June 22, 2017,1 the Department of In accordance with section 702(b)(1)
Panel Reviews, which were adopted by Commerce (Department) received a of the Tariff Act of 1930, as amended
the three governments for panels countervailing duty (CVD) petition (the Act), the petitioner alleges that the
requested pursuant to Article 1904(2) of concerning imports of ripe olives from GOS and the European Union are
NAFTA which requires Requests for Spain, filed in proper form, on behalf of providing countervailable subsidies
Panel Review to be published in the Coalition for Fair Trade in Ripe within the meaning of sections 701 and
accordance with Rule 35. For the Olives and its individual members, Bell- 771(5) of the Act, to manufacturers,
complete Rules, please see https:// Carter Foods, Inc. and Musco Family producers, or exporters of ripe olives
www.nafta-sec-alena.org/Home/Texts- Olive Co. (collectively, the petitioner). from Spain, and that imports of such
of-the-Agreement/Rules-of-Procedure/ The CVD Petition was accompanied by ripe olives are materially injuring, or
Article-1904. an antidumping duty (AD) Petition. The threatening material injury to, an
The Rules provide that: petitioners are domestic producers of industry in the United States.
processed olives, usually referred to as Additionally, consistent with section
(a) A Party or interested person may
‘‘ripe olives.’’ 702(b)(1) of the Act, the Petition is
challenge the final determination in
On June 23, 2017, June 27, 2017, and accompanied by information reasonably
whole or in part by filing a Complaint
June 28, 2017, the Department requested available to the petitioner supporting its
in accordance with Rule 39 within 30
additional information and clarification allegations of subsidy programs in Spain
days after the filing of the first Request
of certain aspects of the Petition.2 The on which we are initiating a CVD
for Panel Review (the deadline for filing
petitioner filed responses to these investigation.
a Complaint is August 11, 2017);
requests on June 27, 2017, June 30, The Department finds that the
(b) A Party, investigating authority or 2017, and July 3, 2017.3 On July 5, 2017,
interested person that does not file a petitioner filed the Petition on behalf of
Complaint but that intends to appear in the domestic industry because the
1 The petition was filed with the U.S. Department
support of any reviewable portion of the of Commerce (the Department) and the
petitioner is an interested party, as
final determination may participate in International Trade Commission (ITC) on June 21,
4 See ASEMESA’s July 5, 2017 Industry Support
the panel review by filing a Notice of 2017, after 12:00 noon, and pursuant to 19 CFR
207.10(a), are deemed to have been filed on the next Comments and Request to Poll Industry (July 5
Appearance in accordance with Rule 40 business day, June 22, 2017. See Memorandum, ASEMESA Comments).
within 45 days after the filing of the first ‘‘Decision Memorandum Concerning the Filing Date 5 See The petitioner’s July 7, 2017 Final Scope
Request for Panel Review (the deadline of the Petition,’’ dated June 23, 2017. Language and Response to Industry Support
asabaliauskas on DSKBBXCHB2PROD with NOTICES
for filing a Notice of Appearance is 2 See Department Letter re: General Issues Comments (The petitioner’s Rebuttal Comments).
Supplemental Questions, dated June 23, 2017 6 See ASEMESA’s July 10, 2017 Industry Support
August 28, 2017); and (General Issues Supplemental); Department Letter Comments and Request to Poll Industry (July 10
(c) The panel review shall be limited re: Second General Issues Supplemental Questions, ASEMESA Comments).
to the allegations of error of fact or law, dated June 28, 2017 (Second General Issues 7 See Ex-Parté Memorandum, ‘‘Ripe Olives from
including challenges to the jurisdiction Supplemental); and Department Letter re: Spain Countervailing Duty Petition: Consultations
Countervailing Duty Petition Supplement Question, with Officials from Spain and European Union,’’
of the investigating authority, that are dated June 27, 2017. dated July 11, 2017. See, also European
set out in the Complaints filed in the 3 See The petitioner’s July 3, 2017 Supplement to Commission and the Government of Spain
panel review and to the procedural and the CVD Petition (CVD Supplement). Consultation Comments, dated July 10, 2017.
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Document Created: 2017-07-19 06:17:25
Document Modified: 2017-07-19 06:17:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW., Washington, DC 20230, (202) 482-5438. | |
| FR Citation | 82 FR 33049 |
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