83 FR 46913 - 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 180 (September 17, 2018)
International Trade Administration
Federal Register Volume 83, Issue 180 (September 17, 2018)
| Page Range | 46913-46914 | |
| FR Document | 2018-20121 |
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)] [Notices] [Pages 46913-46914] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20121] ----------------------------------------------------------------------- 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 Certain Uncoated Groundwood Paper from Canada: Final Affirmative Countervailing Duty Determination (Secretariat File Number: USA-CDA- 2018-1904-06). ----------------------------------------------------------------------- SUMMARY: A Request for Panel Review was filed on behalf of Government of Canada; the Government of Alberta; the Government of British Columbia; the Government of Newfoundland and Labrador; the Government of Ontario; the Government of Quebec; Alberta Newsprint Company; Catalyst Paper Corporation, Catalyst Pulp and Paper Sales Inc. and Catalyst Paper (USA) Inc.; Kruger Trois-Rivieres L.P., Comer Brook Pulp and Paper Limited, Kruger Publication Papers Inc. and Kruger Brompton L.P.; Resolute FP Canada Inc. and Resolute FP US Inc.; and Tembec Inc. with the United States Section of the NAFTA Secretariat on September 10, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce's final affirmative countervailing duty determination regarding Groundwood Paper from Canada. The final determination was published in the Federal Register on August 9, 2018 (83 FR 39414). The NAFTA Secretariat has assigned case number USA-CDA- 2018-1904-06 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 October 10, 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 October 25, 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. [[Page 46914]] Dated: September 12, 2018. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2018-20121 Filed 9-14-18; 8:45 am] BILLING CODE 3510-GT-P
![Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices 46913
DATES: Comments must be received by of the licensing procedures. BIS is 10, 2018, pursuant to NAFTA Article
October 17, 2018. currently preparing a biennial report on 1904. Panel Review was requested of the
ADDRESSES: Comments on this notice the operation of the licensing system for Department of Commerce’s final
may be submitted via the Federal the two-year period from October 1, affirmative countervailing duty
eRulemaking Portal (http:// 2016 through September 30, 2018. determination regarding Groundwood
www.regulations.gov) by using the Paper from Canada. The final
Request for Comments
notice regulations.gov docket number, determination was published in the
which is BIS–2018–0019. By this notice, BIS requests public Federal Register on August 9, 2018 (83
Comments may also be submitted via comments on the effectiveness of the FR 39414). The NAFTA Secretariat has
email to publiccomments@bis.doc.gov licensing procedures for the export of assigned case number USA–CDA–2018–
or on paper to Regulatory Policy agricultural commodities to Cuba set 1904–06 to this request.
Division, Bureau of Industry and forth under § 740.18 of the EAR. Parties
Security, U.S. Department of Commerce, submitting comments are asked to be as FOR FURTHER INFORMATION CONTACT: Paul
Room 2099B, Washington, DC 20230. specific as possible. All comments E. Morris, United States Secretary,
Please refer to ‘‘RIN 0694–XC046/ received by the close of the comment NAFTA Secretariat, Room 2061, 1401
TSRA 2018 Report’’ in all comments period will be considered by BIS in Constitution Avenue NW, Washington,
and in the subject line of email developing the report to Congress. DC 20230, (202) 482–5438.
comments. All comments (including All comments must be in writing and SUPPLEMENTARY INFORMATION: Chapter
any personally identifying information) will be available for public inspection 19 of Article 1904 of NAFTA provides
will be made available for public and copying. Any information that the a dispute settlement mechanism
inspection and copying. commenter does not wish to be made involving trade remedy determinations
FOR FURTHER INFORMATION CONTACT: available to the public should not be issued by the Government of the United
Mark Salinas, Office of Nonproliferation submitted to BIS. States, the Government of Canada, and
and Treaty Compliance, Telephone: Dated: September 11, 2018. the Government of Mexico. Following a
(202) 482–4252. Additional information Richard E. Ashooh, Request for Panel Review, a Binational
on BIS procedures and previous Assistant Secretary for Export Panel is composed to review the trade
biennial reports under TSRA is Administration. remedy determination being challenged
available at http://www.bis.doc.gov/ [FR Doc. 2018–20123 Filed 9–14–18; 8:45 am] and issue a binding Panel Decision.
index.php/policy-guidance/country- BILLING CODE 3510–33–P
There are established NAFTA Rules of
guidance/sanctioned-destinations/13- Procedure for Article 1904 Binational
policy-guidance/country-guidance/426- Panel Reviews, which were adopted by
reports-to-congress. Copies of these DEPARTMENT OF COMMERCE the three governments for panels
materials may also be requested by requested pursuant to Article 1904(2) of
contacting the Office of International Trade Administration NAFTA which requires Requests for
Nonproliferation and Treaty Panel Review to be published in
Compliance. North American Free Trade Agreement accordance with Rule 35. For the
(NAFTA), Article 1904; Binational Panel complete Rules, please see https://
SUPPLEMENTARY INFORMATION: Pursuant
Review: Notice of Request for Panel www.nafta-sec-alena.org/Home/Texts-
to section 906(a) of the Trade Sanctions
Review of-the-Agreement/Rules-of-Procedure/
Reform and Export Enhancement Act of
2000 (TSRA) (22 U.S.C. 7205(a)), the AGENCY: United States Section, NAFTA Article-1904.
Bureau of Industry and Security (BIS) Secretariat, International Trade The Rules provide that:
authorizes exports of agricultural Administration, Department of (a) A Party or interested person may
commodities, as defined in part 772 of Commerce. challenge the final determination in
the Export Administration Regulations ACTION: Notice of NAFTA Request for whole or in part by filing a Complaint
(EAR), to Cuba. Requirements and Panel Review in the matter of Certain in accordance with Rule 39 within 30
procedures associated with such Uncoated Groundwood Paper from days after the filing of the first Request
authorization are set forth in § 740.18 of Canada: Final Affirmative for Panel Review (the deadline for filing
the EAR (15 CFR 740.18). These are the Countervailing Duty Determination a Complaint is October 10, 2018);
only licensing procedures in the EAR (Secretariat File Number: USA–CDA–
currently in effect pursuant to the (b) A Party, investigating authority or
2018–1904–06). interested person that does not file a
requirements of section 906(a) of TSRA.
Under the provisions of section 906(c) SUMMARY: A Request for Panel Review Complaint but that intends to appear in
of TSRA (22 U.S.C. 7205(c)), BIS must was filed on behalf of Government of support of any reviewable portion of the
submit a biennial report to the Congress Canada; the Government of Alberta; the final determination may participate in
on the operation of the licensing system Government of British Columbia; the the panel review by filing a Notice of
implemented pursuant to section 906(a) Government of Newfoundland and Appearance in accordance with Rule 40
for the preceding two-year period. This Labrador; the Government of Ontario; within 45 days after the filing of the first
report must include the number and the Government of Quebec; Alberta Request for Panel Review (the deadline
types of licenses applied for, the Newsprint Company; Catalyst Paper for filing a Notice of Appearance is
number and types of licenses approved, Corporation, Catalyst Pulp and Paper October 25, 2018); and
the average amount of time elapsed from Sales Inc. and Catalyst Paper (USA) Inc.; (c) The panel review shall be limited
daltland on DSKBBV9HB2PROD with NOTICES
the date of filing of a license application Kruger Trois-Rivieres L.P., Comer Brook to the allegations of error of fact or law,
until the date of its approval, the extent Pulp and Paper Limited, Kruger including challenges to the jurisdiction
to which the licensing procedures were Publication Papers Inc. and Kruger of the investigating authority, that are
effectively implemented, and a Brompton L.P.; Resolute FP Canada Inc. set out in the Complaints filed in the
description of comments received from and Resolute FP US Inc.; and Tembec panel review and to the procedural and
interested parties during a 30-day public Inc. with the United States Section of substantive defenses raised in the panel
comment period about the effectiveness the NAFTA Secretariat on September review.
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![46914 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices
Dated: September 12, 2018. straight lengths of a thickness of less • Society of Automotive Engineers
Paul E. Morris, than 4.75 mm and of a width measuring (SAE)/American Iron & Steel Institute
U.S. Secretary, NAFTA Secretariat. at least 10 times the thickness. (AISI) grades of series 2300 and higher.
[FR Doc. 2018–20121 Filed 9–14–18; 8:45 am] Universal mill plate (i.e., flat-rolled • Ball bearing steels, as defined in the
BILLING CODE 3510–GT–P
products rolled on four faces or in a HTSUS.
closed box pass, of a width exceeding • Tool steels, as defined in the
150 mm, but not exceeding 1,250 mm, HTSUS.
DEPARTMENT OF COMMERCE and of a thickness of not less than 4.0 • Silico-manganese (as defined in the
mm, not in coils and without patterns HTSUS) or silicon electrical steel with
International Trade Administration in relief) of a thickness not less than 4.0 a silicon level exceeding 2.25 percent.
mm is not included within the scope of • ASTM specifications A710 and
[A–570–865] A736.
the order.
Specifically included within the • USS abrasion-resistant steels (USS
Certain Hot-Rolled Carbon Steel Flat
scope of the order are vacuum degassed, AR 400, USS AR 500).
Products From the People’s Republic • All products (proprietary or
of China: Final Results of Antidumping fully stabilized (commonly referred to as
interstitial-free (IF)) steels, high strength otherwise) based on an alloy ASTM
Duty Administrative Review; 2016– specification (sample specifications:
2017 low alloy (HSLA) steels, and the
substrate for motor lamination steels. IF ASTM A506, A507).
AGENCY: Enforcement and Compliance, steels are recognized as low carbon • Non-rectangular shapes, not in
International Trade Administration, steels with micro-alloying levels of coils, which are the result of having
Department of Commerce. elements such as titanium or niobium been processed by cutting or stamping
SUMMARY: The Department of Commerce (also commonly referred to as and which have assumed the character
(Commerce) is conducting an columbium), or both, added to stabilize of articles or products classified outside
administrative review of the carbon and nitrogen elements. HSLA chapter 72 of the HTSUS.
antidumping duty order on certain hot- The merchandise subject to the order
steels are recognized as steels with
rolled carbon steel flat products (hot- is classified in the HTSUS at
micro-alloying levels of elements such
rolled steel) from the People’s Republic subheadings: 7208.10.1500,
as chromium, copper, niobium,
of China (China), covering the period of 7208.10.3000, 7208.10.6000,
vanadium, and molybdenum. The
review (POR) November 1, 2016, 7208.25.3000, 7208.25.6000,
substrate for motor lamination steels
through October 31, 2017. 7208.26.0030, 7208.26.0060,
contains micro-alloying levels of
7208.27.0030, 7208.27.0060,
DATES: Applicable September 17, 2018. elements such as silicon and aluminum.
Steel products included in the scope 7208.36.0030, 7208.36.0060,
FOR FURTHER INFORMATION CONTACT: 7208.37.0030, 7208.37.0060,
Benito Ballesteros, AD/CVD Operations, of the order, regardless of definitions in
the Harmonized Tariff Schedule of the 7208.38.0015, 7208.38.0030,
Office V, Enforcement and Compliance, 7208.38.0090, 7208.39.0015,
International Trade Administration, United States (HTSUS), are products in
which: (i) Iron predominates, by weight, 7208.39.0030, 7208.39.0090,
U.S. Department of Commerce, 1401 7208.40.6030, 7208.40.6060,
Constitution Avenue NW, Washington, over each of the other contained
elements; (ii) the carbon content is two 7208.53.0000, 7208.54.0000,
DC 20230; telephone: 202.482.7425. 7208.90.0000, 7211.14.0090,
percent or less, by weight; and, (iii)
SUPPLEMENTARY INFORMATION: 7211.19.1500, 7211.19.2000,
none of the elements listed below
Background exceeds the quantity, by weight, 7211.19.3000, 7211.19.4500,
respectively indicated: 7211.19.6000, 7211.19.7530,
On July 2, 2018, Commerce published 7211.19.7560, and 7211.19.7590.
the Preliminary Results of the 1.80 percent of manganese, or Certain hot-rolled carbon steel flat
administrative review of hot-rolled steel 2.25 percent of silicon, or products covered by the order,
from China.1 We invited parties to 1.00 percent of copper, or
including: vacuum degassed fully
submit comments on the Preliminary 0.50 percent of aluminum, or
1.25 percent of chromium, or stabilized; high strength low alloy; and
Results, but we received no comments. the substrate for motor lamination steel
0.30 percent of cobalt, or
Commerce conducted this 0.40 percent of lead, or may also enter under the following tariff
administrative review in accordance 1.25 percent of nickel, or numbers: 7225.11.0000, 7225.19.0000,
with section 751 of the Tariff Act of 0.30 percent of tungsten, or 7225.30.3050, 7225.30.7000,
1930, as amended (the Act). 0.10 percent of molybdenum, or 7225.40.7000, 7225.99.0090,
0.10 percent of niobium, or 7226.11.1000, 7226.11.9030,
Scope of the Order 0.15 percent of vanadium, or 7226.11.9060, 7226.19.1000,
The products covered by the order are 0.15 percent of zirconium.
7226.19.9000, 7226.91.5000,
certain hot-rolled carbon steel flat All products that meet the physical 7226.91.7000, 7226.91.8000, and
products of a rectangular shape, of a and chemical description provided 7226.99.0000. Subject merchandise may
width of 0.5 inch or greater, neither above are within the scope of the order also enter under 7210.70.3000,
clad, plated, nor coated with metal and unless otherwise excluded. The 7210.90.9000, 7211.14.0030,
whether or not painted, varnished, or following products, for example, are 7212.40.1000, 7212.40.5000, and
coated with plastics or other non- outside or specifically excluded from 7212.50.0000. Although the HTSUS
metallic substances, in coils (whether or the scope of the order: subheadings are provided for
daltland on DSKBBV9HB2PROD with NOTICES
not in successively superimposed • Alloy hot-rolled steel products in convenience and customs purposes, the
layers), regardless of thickness, and in which at least one of the chemical written description of the merchandise
elements exceeds those listed above subject to the order is dispositive.
1 See Certain Hot-Rolled Carbon Steel Flat
(including, e.g., American Society for
Products from the People’s Republic of China:
Testing and Materials (ASTM) Analysis of Comments Received
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 30912 specifications A543, A387, A514, A517, As noted above, we received no
(July 2, 2018) (Preliminary Results). A506). comments on the Preliminary Results.
VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1](https://thefederalregister.org/doc/83_FR_47093/page/2.svg)
Document Created: 2018-09-15 01:37:42
Document Modified: 2018-09-15 01:37:42
| 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 Certain Uncoated Groundwood Paper from Canada: Final Affirmative Countervailing Duty Determination (Secretariat File Number: USA-CDA- 2018-1904-06). | |
| 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 46913 |
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