83 FR 19221 - 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 83, Issue 85 (May 2, 2018)
International Trade Administration
Federal Register Volume 83, Issue 85 (May 2, 2018)
| Page Range | 19221-19222 | |
| FR Document | 2018-09266 |
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)] [Notices] [Pages 19221-19222] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09266] ----------------------------------------------------------------------- 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 of NAFTA Request for Panel Review in the matter of Large Residential Washers from Mexico: Final results of antidumping duty administrative review (Secretariat File Number: USA-MEX-2018-1904-04). ----------------------------------------------------------------------- SUMMARY: A Request for Panel Review was filed on behalf of Electrolux Home Products, Inc., Electrolux Home Products Corp. N.V., and Electrolux Home Products de Mexico, S.A. de C.V. (collectively ``Electrolux'') with the [[Page 19222]] United States Section of the NAFTA Secretariat on April 18, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce's final antidumping duty determination regarding Large Residential Washers from Mexico. The final determination was published in the Federal Register on March 19, 2018 (83 FR 11,963). The NAFTA Secretariat has assigned case number USA-MEX-2018-1904-04 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 May 18, 2018); (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 June 4, 2018); 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: April 26, 2018. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2018-09266 Filed 5-1-18; 8:45 am] BILLING CODE 3510-GT-P
![Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19221
through 22, 2018. If the new deadline 7308.20.0020 6 or 8502.31.0000.7 Prior Notification to Interested Parties
falls on a non-business day, in to 2011, merchandise covered by this This notice serves as the only
accordance with Commerce’s practice, review was classified in the HTSUS reminder to parties subject to
the deadline will become the next under subheading 7308.20.0000 and administrative protective order (APO) of
business day. The revised deadline for may continue to be to some degree. their responsibility concerning the
the final results is now May 7, 2018.5 While HTSUS subheadings are provided return or destruction of proprietary
Scope of the Orders for convenience and customs purposes, information disclosed under APO in
the written description of the subject accordance with 19 CFR 351.305.
The merchandise covered by these merchandise is dispositive. Timely written notification of the return
orders is certain wind towers, whether or destruction of APO materials, or
or not tapered, and sections thereof. Analysis of Comments Received
conversion to judicial protective order,
Certain wind towers are designed to is hereby requested. Failure to comply
support the nacelle and rotor blades in A complete discussion of all issues
raised in these reviews, including the with the regulations and terms of an
a wind turbine with a minimum rated APO is a violation which is subject to
electrical power generation capacity in likelihood of continuation or recurrence
of dumping in the event of revocation of sanction.
excess of 100 kilowatts and with a We are issuing and publishing these
minimum height of 50 meters measured the Orders and the magnitude of the
margins likely to prevail if the Orders results and notice in accordance with
from the base of the tower to the bottom sections 751(c), 752(c), and 777(i)(1) of
of the nacelle (i.e., where the top of the were revoked, is provided in the
accompanying Issues and Decision the Act, 19 CFR 351.218, and 19 CFR
tower and nacelle are joined) when fully 351.221(c)(5)(ii).
assembled. Memorandum, which is hereby adopted
A wind tower section consists of, at by this notice.8 A list of the topics Dated: April 26, 2018.
a minimum, multiple steel plates rolled discussed in the Issues and Decision Christian Marsh,
into cylindrical or conical shapes and Memorandum is attached to this notice Deputy Assistant Secretary for Enforcement
welded together (or otherwise attached) as Appendix. The Issues and Decision and Compliance.
to form a steel shell, regardless of Memorandum is a public document and Appendix
coating, end-finish, painting, treatment, is on file electronically via Enforcement
and Compliance’s Antidumping and List of Topics Discussed in the Issues and
or method of manufacture, and with or Decision Memorandum
without flanges, doors, or internal or Countervailing Duty Centralized
external components (e.g., flooring/ Electronic Service System (ACCESS). I. Summary
II. Background
decking, ladders, lifts, electrical buss ACCESS is available to registered users
III. Scope of the Orders
boxes, electrical cabling, conduit, cable at http://access.trade.gov and to all IV. History of the Orders
harness for nacelle generator, interior parties in the Central Records Unit, V. Legal Framework
lighting, tool and storage lockers) Room B8024 of the main Department of VI. Discussion of the Issues
attached to the wind tower section. Commerce building. In addition, a 1. Likelihood of Continuation or
Several wind tower sections are complete version of the Issues and Recurrence of Dumping
normally required to form a completed Decision Memorandum can be accessed 2. Magnitude of the Dumping Margins
Likely to Prevail
wind tower. directly on the internet at http:// VII. Final Results of Sunset Reviews
Wind towers and sections thereof are enforcement.trade.gov/frn/. The signed VIII. Recommendation
included within the scope whether or Issues and Decision Memorandum and [FR Doc. 2018–09312 Filed 5–1–18; 8:45 am]
not they are joined with nonsubject the electronic version of the Issues and
BILLING CODE 3510–DS–P
merchandise, such as nacelles or rotor Decision Memorandum are identical in
blades, and whether or not they have content.
internal or external components DEPARTMENT OF COMMERCE
attached to the subject merchandise. Final Results of Sunset Reviews
Specifically excluded from the scope International Trade Administration
Pursuant to sections 751(c)(1) and
are nacelles and roto blades, regardless
752(c)(1) and (3) of the Act, Commerce
of whether they are attached to the wind North American Free Trade Agreement
determines that revocation of the Orders
tower. Also excluded are any internal or (NAFTA), Article 1904 Binational Panel
would be likely to lead to continuation
external components which are not Review: Notice of Request for Panel
or recurrence of dumping, and that the
attached to the wind towers or sections Review
thereof. magnitude of the dumping margins
likely to prevail would be weighted- AGENCY: United States Section, NAFTA
Merchandise covered by the orders is
average margins up to 60.02 percent for Secretariat, International Trade
currently classified in the Harmonized
China and up to 58.54 percent for Administration, Department of
Tariff System of the United States
Vietnam. Commerce.
(HTSUS) under subheadings
ACTION: Notice of NAFTA Request for
5 See Memorandum for The Record from 6 Wind towers are classified under HTSUS Panel Review in the matter of Large
Christian Marsh, Deputy Assistant Secretary for 7308.20.0020 when imported as a tower or tower Residential Washers from Mexico: Final
Enforcement and Compliance, performing the non- section(s) alone.
7 Wind towers may also be classified under
results of antidumping duty
exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance, HTSUS 8502.31.0000 when imported as part of a administrative review (Secretariat File
Number: USA–MEX–2018–1904–04).
daltland on DSKBBV9HB2PROD with NOTICES
‘‘Deadlines Affected by the Shutdown of the wind turbine (i.e., accompanying nacelles and/or
Federal Government’’ (Tolling Memorandum), rotor blades).
dated January 23, 2018. All deadlines in this 8 See Memorandum, ‘‘Issues and Decision SUMMARY: A Request for Panel Review
segment of the proceeding have been extended by Memorandum for the Expedited First Sunset was filed on behalf of Electrolux Home
3 days. In addition, because the deadline falls on Reviews of the Antidumping Duty Orders on Utility Products, Inc., Electrolux Home
a non-business day (i.e., the weekend), pursuant to Scale Wind Towers from the People’s Republic of
Commerce’s practice, the deadline will become the China and the Socialist Republic of Vietnam,’’
Products Corp. N.V., and Electrolux
next business day. The revised deadline is May 7, dated concurrently with this notice (Issues and Home Products de Mexico, S.A. de C.V.
2018. Decision Memorandum). (collectively ‘‘Electrolux’’) with the
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![19222 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices
United States Section of the NAFTA Dated: April 26, 2018. petitioner on February 5, 2018.4 Neither
Secretariat on April 18, 2018, pursuant Paul E. Morris, the Government of Korea (GOK) nor any
to NAFTA Article 1904. Panel Review U.S. Secretary, NAFTA Secretariat. other respondent interested party to this
was requested of the Department of [FR Doc. 2018–09266 Filed 5–1–18; 8:45 am] proceeding submitted a substantive
Commerce’s final antidumping duty BILLING CODE 3510–GT–P
response. Therefore, pursuant to section
determination regarding Large 751(c)(3)(B) of the Act and 19 CFR
Residential Washers from Mexico. The 351.218(e)(1)(ii)(B)(2) and (C)(2),
final determination was published in DEPARTMENT OF COMMERCE Commerce conducted an expedited
the Federal Register on March 19, 2018 sunset review of the Order. As a result
(83 FR 11,963). The NAFTA Secretariat International Trade Administration of the tolling of deadlines for the closure
has assigned case number USA–MEX– of the Federal Government from January
2018–1904–04 to this request. [C–580–869] 20 through January 22, 2018, the
deadline for this expedited sunset
FOR FURTHER INFORMATION CONTACT: Paul
Large Residential Washers From the review was extended to May 7, 2018.5
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401 Republic of Korea: Final Results of Scope of the Order
Constitution Avenue NW, Washington, Expedited First Sunset Review of the
Countervailing Duty Order The product covered by the Order is
DC 20230, (202) 482–5438. washing machines from Korea. For a
SUPPLEMENTARY INFORMATION: Chapter AGENCY: Enforcement and Compliance, complete description of the scope of the
19 of Article 1904 of NAFTA provides International Trade Administration, Order, see the Appendix to this notice.
a dispute settlement mechanism Department of Commerce.
Analysis of Comments Received
involving trade remedy determinations SUMMARY: The Department of Commerce
issued by the Government of the United (Commerce) finds that revocation of the All issues raised in this review are
States, the Government of Canada, and countervailing duty (CVD) order on addressed in the accompanying Issues
the Government of Mexico. Following a large residential washers (washing and Decision Memorandum.6 These
Request for Panel Review, a Binational machines) from the Republic of Korea issues include the likelihood of
Panel is composed to review the trade (Korea) would be likely to lead to continuation or recurrence of
remedy determination being challenged continuation or recurrence of countervailable subsidies, the net
and issue a binding Panel Decision. countervailable subsidies at the levels countervailable subsidy rate likely to
There are established NAFTA Rules of indicated in the ‘‘Final Results of Sunset prevail upon revocation of the Order,
Procedure for Article 1904 Binational Review’’ section of this notice. and the nature of the subsidies. The
Panel Reviews, which were adopted by Issues and Decision Memorandum is a
DATES: Applicable May 2, 2018.
the three governments for panels public document and is available
FOR FURTHER INFORMATION CONTACT: electronically via Enforcement and
requested pursuant to Article 1904(2) of
Kaitlin Wojnar at (202) 482–3857, AD/ Compliance’s Antidumping and
NAFTA which requires Requests for
CVD Operations, Enforcement and Countervailing Duty Centralized
Panel Review to be published in
Compliance, International Trade Electronic Service System (ACCESS).
accordance with Rule 35. For the
Administration, Department of ACCESS is available to registered users
complete Rules, please see https://
Commerce, 1401 Constitution Avenue at http://access.trade.gov and to all
www.nafta-sec-alena.org/Home/Texts-
NW, Washington, DC 20230. parties in the Central Records Unit in
of-the-Agreement/Rules-of-Procedure/
Article-1904. SUPPLEMENTARY INFORMATION: Room B8024 of the main Commerce
The Rules provide that: building. In addition, a complete
Background
electronic version of the Issues and
(a) A Party or interested person may Commerce published the CVD order Decision Memorandum can be accessed
challenge the final determination in on washing machines from Korea on at http://enforcement.trade.gov/frn/.
whole or in part by filing a Complaint February 15, 2013.1 On January 2, 2018, The signed and electronic versions of
in accordance with Rule 39 within 30 Commerce initiated this review, the first the Issues and Decision Memorandum
days after the filing of the first Request five-year (sunset) review of the Order, in are identical in content.
for Panel Review (the deadline for filing accordance with section 751(c)(2) of the
a Complaint is May 18, 2018); Tariff Act of 1930, as amended (the Final Results of Sunset Review
(b) A Party, investigating authority or Act).2 Whirlpool Corporation, a Pursuant to sections 752(b)(1) and (3)
interested person that does not file a domestic producer of washing machines of the Act, we determine that revocation
Complaint but that intends to appear in and the petitioner in the underlying of the Order would be likely to lead to
support of any reviewable portion of the CVD investigation, subsequently filed a continuation or recurrence of net
final determination may participate in timely notice of intent to participate.3
the panel review by filing a Notice of Commerce received an adequate and 4 See Letter from the petitioner, ‘‘Five-Year
Appearance in accordance with Rule 40 timely substantive response from the (‘Sunset’) Review of the Countervailing Duty Order
within 45 days after the filing of the first on Large Residential Washers from Korea:
Substantive Response of Whirlpool Corporation to
Request for Panel Review (the deadline 1 See Large Residential Washers from the the Notice of Initiation of First Sunset Review,’’
for filing a Notice of Appearance is June Republic of Korea: Countervailing Duty Order, 78 February 5, 2018. The petitioner’s response was
4, 2018); and FR 11154 (February 15, 2013) (Order). filed in accordance with 19 CFR 351.218(d).
2 See Initiation of Five-Year (Sunset) Reviews, 83 5 See Commerce Memorandum, ‘‘Deadlines
(c) The panel review shall be limited
daltland on DSKBBV9HB2PROD with NOTICES
FR 100 (January 2, 2018). Affected by the Shutdown of the Federal
to the allegations of error of fact or law, 3 See Letter from the petitioner, ‘‘Five-Year Government,’’ January 23, 2018.
including challenges to the jurisdiction (‘Sunset’) Review of Antidumping and 6 See Commerce Memorandum, ‘‘Countervailing
of the investigating authority, that are Countervailing Duty Orders on Large Residential Duty Order on Large Residential Washers from the
set out in the Complaints filed in the Washers from Mexico and the Republic of Korea: Republic of Korea: Issues and Decision
Notice of Intent to Participate,’’ January 17, 2018. Memorandum for the Final Results of the Expedited
panel review and to the procedural and As a domestic producer of washing machines, the First Sunset Review,’’ dated concurrently with, and
substantive defenses raised in the panel petitioner is an interested party to this proceeding hereby adopted by, this Federal Register notice
review. pursuant to section 771(9)(C) of the Act. (Issues and Decision Memorandum).
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Document Created: 2018-05-02 00:50:00
Document Modified: 2018-05-02 00:50:00
| 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 of NAFTA Request for Panel Review in the matter of Large Residential Washers from Mexico: Final results of antidumping duty administrative review (Secretariat File Number: USA-MEX-2018-1904-04). | |
| Contact | Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482-5438. | |
| FR Citation | 83 FR 19221 |
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