83_FR_47095 83 FR 46915 - North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of Request for Panel Review

83 FR 46915 - 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)

Page Range46915-46916
FR Document2018-20120

A Request for Panel Review was filed on behalf of Kruger Trois-Rivieres L.P. (``KTR''), Corner Brook Pulp and Paper Limited (``CBPP''), Kruger Publication Papers Inc. (``KPPI''), and Kruger Brompton L.P. (collectively ``Kruger'') with the United States Section of the NAFTA Secretariat on September 7, 2018, pursuant to NAFTA Article 1904. Panel Review was requested in regards to the Department of Commerce's final antidumping duty determination of Certain Uncoated Groundwood Paper from Canada. The final determination was published in the Federal Register on August 9, 2018 (83 FR 39412). The NAFTA Secretariat has assigned case number USA-CDA-2018-1904-05 to this request.

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018) 
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46915-46916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20120]


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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 Determination of 
Sales at Less Than Fair Value (Secretariat File Number: USA-CDA-2018-
1904-05).

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SUMMARY: A Request for Panel Review was filed on behalf of Kruger 
Trois-Rivieres L.P. (``KTR''), Corner Brook Pulp and Paper Limited 
(``CBPP''), Kruger Publication Papers Inc. (``KPPI''), and Kruger 
Brompton L.P. (collectively ``Kruger'') with the United States Section 
of the NAFTA Secretariat on September 7, 2018, pursuant to NAFTA 
Article 1904. Panel Review was requested in regards to the Department 
of Commerce's final antidumping duty determination of Certain Uncoated 
Groundwood Paper from Canada. The final determination was published in 
the Federal Register on August 9, 2018 (83 FR 39412). The NAFTA 
Secretariat has assigned case number USA-CDA-2018-1904-05 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

[[Page 46916]]

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 9, 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 22, 
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: September 12, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018-20120 Filed 9-14-18; 8:45 am]
 BILLING CODE 3510-GT-P

Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices 46915 Changes Since the Preliminary Results be the China-wide rate of 90.83 percent; Dated: September 10, 2018. As no parties submitted comments on and (4) for all non-Chinese exporters of James Maeder, the Preliminary Results, Commerce has subject merchandise which have not Associate Deputy Assistant Secretary for not modified its analysis from that received their own rate, the cash deposit Antidumping and Countervailing Duty rate will be the rate applicable to Operations performing the duties of Deputy presented in the Preliminary Results, Chinese exporter(s) that supplied that Assistant Secretary for Antidumping and and no decision memorandum Countervailing Duty Operations. accompanies this Federal Register non-Chinese exporter. These deposit [FR Doc. 2018–20071 Filed 9–14–18; 8:45 am] notice. Further, Commerce has made no requirements, when imposed, shall BILLING CODE 3510–DS–P changes and continues to find that remain in effect until further notice. Baosteel Group Corporation, Shanghai Baosteel International Economic & Disclosure DEPARTMENT OF COMMERCE Trading Co., Ltd., Baoshan Iron and Normally, Commerce discloses to Steel Co., Ltd. (collectively, Baosteel),2 interested parties the calculations International Trade Administration Shanghai Meishan Iron & Steel, and performed in connection with the final Union Steel China (collectively, results within five days of its public North American Free Trade Agreement companies under review) have not announcement, or if there is no public (NAFTA), Article 1904; Binational Panel demonstrated that they are separate Review: Notice of Request for Panel announcement, within five days of the from the China-wide entity. Because no Review date of publication of this notice in review was requested of the China-wide entity, the pre-existing China-wide rate accordance with 19 CFR 351.224(b). AGENCY: United States Section, NAFTA of 90.83 percent will apply to entries of However, because the companies under Secretariat, International Trade their subject merchandise into the review are part of the China-wide entity, Administration, Department of United States during the POR. there are no calculations to disclose. Commerce. ACTION: Notice of NAFTA Request for Assessment Rates Notification to Importers Panel Review in the matter of Certain We have not calculated any This notice also serves as a final Uncoated Groundwood Paper From assessment (or cash deposit) rates in this reminder to importers of their Canada: Final Determination of Sales at administrative review, because none of responsibility under 19 CFR Less Than Fair Value (Secretariat File the companies under review qualified 351.402(f)(2) to file a certificate Number: USA–CDA–2018–1904–05). for a separate rate. Commerce intends to regarding the reimbursement of issue assessment instructions to CBP 15 SUMMARY: A Request for Panel Review antidumping duties prior to liquidation was filed on behalf of Kruger Trois- days after the publication date of the of the relevant entries during this final results of this administrative Rivieres L.P. (‘‘KTR’’), Corner Brook review period. Failure to comply with Pulp and Paper Limited (‘‘CBPP’’), review. this requirement could result in Kruger Publication Papers Inc. (‘‘KPPI’’), Cash Deposit Requirements Commerce’s presumption that and Kruger Brompton L.P. (collectively The following cash deposit reimbursement of antidumping duties ‘‘Kruger’’) with the United States requirements will be effective upon occurred and the subsequent assessment Section of the NAFTA Secretariat on publication of the final results of this of double antidumping duties. September 7, 2018, pursuant to NAFTA administrative review for all shipments Article 1904. Panel Review was Administrative Protective Order requested in regards to the Department of the subject merchandise from China entered, or withdrawn from warehouse, This notice also serves as a reminder of Commerce’s final antidumping duty for consumption on or after the to parties subject to administrative determination of Certain Uncoated publication date, as provided by section protective order (APO) of their Groundwood Paper from Canada. The 751(a)(2)(C) of the Act: (1) For Baosteel, responsibility concerning the return or final determination was published in Shanghai Meishan Iron & Steel, and the Federal Register on August 9, 2018 destruction of proprietary information Union Steel China, which did not (83 FR 39412). The NAFTA Secretariat disclosed under the APO in accordance qualify for separate rate, the cash has assigned case number USA–CDA– with 19 CFR 351.305(a)(3), which deposit rate will be China-wide rate of 2018–1904–05 to this request. continues to govern business 90.83 percent; (2) for previously FOR FURTHER INFORMATION CONTACT: Paul proprietary information in this segment investigated or reviewed Chinese and E. Morris, United States Secretary, of the proceeding. Timely written non-Chinese exporters not listed above NAFTA Secretariat, Room 2061, 1401 notification of the return or destruction that have separate rates, the cash Constitution Avenue NW, Washington, of APO materials or conversion to deposit rate will continue to be the DC 20230, (202) 482–5438. judicial protective order is hereby exporter-specific rate published for the SUPPLEMENTARY INFORMATION: Chapter most recent period; (3) for all Chinese requested. Failure to comply with the 19 of Article 1904 of NAFTA provides exporters of subject merchandise which regulations and the terms of an APO is a dispute settlement mechanism have not been found to be entitled to a a violation subject to sanction. involving trade remedy determinations separate rate, the cash deposit rate will Notification to Interested Parties issued by the Government of the United States, the Government of Canada, and 2 Because no party is challenging the prior We are issuing and publishing these the Government of Mexico. Following a daltland on DSKBBV9HB2PROD with NOTICES collapsing determination, we continue to collapse results in accordance with sections Baosteel Group Corporation, Shanghai Baosteel Request for Panel Review, a Binational International Economic & Trading Co., Ltd., and 751(a)(1) and 777(i)(1) of the Act and 19 Panel is composed to review the trade Baoshan Iron and Steel Co., Ltd. (collectively, CFR 351.213(h) and 351.221(b)(5). remedy determination being challenged Baosteel). See Certain Hot-Rolled Carbon Steel Flat and issue a binding Panel Decision. Products from the People’s Republic of China: Final No Shipments Determination of Antidumping Duty There are established NAFTA Rules of Administrative Review; 2012–2013; 79 FR 67415 Procedure for Article 1904 Binational (November 13, 2014). Panel Reviews, which were adopted by VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1

46916 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices the three governments for panels FOR FURTHER INFORMATION CONTACT: for a CCR.7 On April 18, 2017, requested pursuant to Article 1904(2) of Susan S. Pulongbarit, AD/CVD Commerce received comments from the NAFTA which requires Requests for Operations, Office V, Enforcement and petitioner regarding PrimeSource’s Panel Review to be published in Compliance, International Trade comments.8 On May 11, 2017, accordance with Rule 35. For the Administration, U.S. Department of Commerce issued a supplemental complete Rules, please see https:// Commerce, 1401 Constitution Avenue questionnaire to the petitioner requiring www.nafta-sec-alena.org/Home/Texts- NW, Washington, DC 20230; telephone further information regarding its CCR of-the-Agreement/Rules-of-Procedure/ 202–482–4031. request.9 On May 17, 2017, the Article-1904. SUPPLEMENTARY INFORMATION: petitioner submitted its response to the The Rules provide that: CCR Supplemental.10 On May 24, 2017, Background Building Materials Distributors, Inc. (a) A Party or interested person may challenge the final determination in On August 1, 2008, Commerce (BMD) submitted a letter opposing the whole or in part by filing a Complaint published the antidumping duty order petitioner’s request for the initiation of in accordance with Rule 39 within 30 on nails from the China.1 On April 21, a CCR,11 to which the petitioner days after the filing of the first Request 2011, in response to a request submitted responded on May 31, 2017.12 On May for Panel Review (the deadline for filing by the petitioner, Commerce published 31, 2017, PrimeSource submitted a a Complaint is October 9, 2018); an initiation and preliminary results of response to the petitioner’s CCR (b) A Party, investigating authority or a CCR, in which Commerce Supplemental Response.13 interested person that does not file a preliminarily revoked the Order with respect to four types of steel nails based Scope of the Order Complaint but that intends to appear in support of any reviewable portion of the on petitioner’s expressed lack of interest The merchandise covered by the final determination may participate in in antidumping duty relief with respect Order includes certain steel nails having the panel review by filing a Notice of to such imports.2 In addition, a shaft length up to 12 inches. Certain Appearance in accordance with Rule 40 Commerce preliminarily adopted steel nails subject to the Order are within 45 days after the filing of the first petitioner’s proposed exclusion currently classified under the Request for Panel Review (the deadline language concerning the four types of Harmonized Tariff Schedule of the for filing a Notice of Appearance is steel nails, in part, declining to adopt United States (HTSUS) subheadings October 22, 2018); and language which would have required 7317.00.55, 7317.00.65, 7317.00.75, and (c) The panel review shall be limited the labels ‘‘roof’’ or ‘‘roofing’’ on the 7907.00.6000.14 While the HTSUS to the allegations of error of fact or law, packaging of three of the four types of subheadings are provided for including challenges to the jurisdiction excluded steel nails.3 On May 24, 2011, convenience and customs purposes, the of the investigating authority, that are Commerce published its final results for written description of the scope of the set out in the Complaints filed in the the CCR revoking the Order with respect Order is dispositive.15 panel review and to the procedural and to the aforementioned four types of steel Initiation and Expedited Preliminary substantive defenses raised in the panel nails, unchanged from the preliminary Results of Changed Circumstances review. results.4 Commerce made no changes to Review the preliminary scope exclusion Dated: September 12, 2018. language, and, thus, aside from the Pursuant to section 751(b)(1) of the Paul E. Morris, labeling language, Commerce otherwise Tariff Act of 1930, as amended (the Act) U.S. Secretary, NAFTA Secretariat. adopted the new exclusion language and 19 CFR 351.216(d), Commerce will [FR Doc. 2018–20120 Filed 9–14–18; 8:45 am] proffered by the petitioner.5 conduct a CCR of an antidumping or BILLING CODE 3510–GT–P On March 22, 2017, the petitioner countervailing duty order when it requested that Commerce initiate receives information which shows another CCR to include the labels ‘‘roof’’ changed circumstances sufficient to DEPARTMENT OF COMMERCE or ‘‘roofing’’ on the packaging and warrant such a review. In this case, for packaging marking of three of the four the reasons discussed in the Preliminary International Trade Administration types of steels nails that were excluded from the scope of the Order in the 2011 7 See PrimeSource’s April 12, 2017 CCR Letter [A–570–909] CCR Final Results.6 On April 12, 2017, (PrimeSource Comments). 8 See the Petitioner’s April 18, 2017 Response to Commerce received comments from Certain Steel Nails From the People’s Prime Source (Petitioner’s PrimeSource Comments). PrimeSource Building Products, Inc. 9 See Department Letter re: Changed Republic of China: Initiation and (PrimeSource) requesting that Circumstances Review Request: Supplemental Expedited Preliminary Results of Commerce reject the petitioner’s request Questions, dated May 10, 2017 (CCR Antidumping Duty Changed Supplemental). Circumstances Review 1 See Notice of Antidumping Duty Order: Certain 10 See the Petitioner’s May 17, 2017 CCR Steel Nails from the People’s Republic of China, 73 Supplemental Response (CCR Supplemental AGENCY: Enforcement and Compliance, FR 44961 (August 1, 2008) (Order). Response). 11 See BMD’s May 24, 2017 CCR Letter (BMD International Trade Administration, 2 See Certain Steel Nails from the People’s Republic of China: Initiation and Preliminary Comments). Department of Commerce. 12 See the Petitioner’s May 31, 2017 Response to Results of Antidumping Duty Changed SUMMARY: Based on a request from Mid Circumstances Review, 76 FR 22369 (April 21, BMD (Petitioner’s BMD Comments). Continent Nail Corporation (the 2011) (2011 CCR Initiation and Preliminary 13 See BMD’s May 31, 2017 Response to the petitioner), the Department of Results). Petitioner’s CCR Supplemental Response (BMD’s daltland on DSKBBV9HB2PROD with NOTICES 3 Id. May 31, 2017 Comments). Commerce (Commerce) is initiating, and 4 See Certain Steel Nails from the People’s 14 Commerce added the Harmonized Tariff issuing expedited preliminary results of, Republic of China: Final Results of Antidumping Schedule category 7907.00.6000, ‘‘Other articles of a changed circumstances review (CCR) Duty Changed Circumstances Review, 76 FR 30101 zinc: Other,’’ to the language of the Order. See of the antidumping duty (AD) order on (May 24, 2011) (2011 CCR Final Results). Memorandum ‘‘Certain Steel Nails from the certain steel nails (nails) from the 5 Id. People’s Republic of China: Cobra Anchors Co. Ltd. 6 See the Petitioner’s March 22, 2017 Request for Final Scope Ruling,’’ dated September 19, 2013. People’s Republic of China (China). Changed Circumstances Review (2017 CCR 15 For a full description of the scope of the Order, DATES: Applicable September 17, 2018. Request). see Attachment I. VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1


Document Created: 2018-09-15 01:38:02
Document Modified: 2018-09-15 01:38:02
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 NAFTA Request for Panel Review in the matter of Certain Uncoated Groundwood Paper From Canada: Final Determination of Sales at Less Than Fair Value (Secretariat File Number: USA-CDA-2018- 1904-05).
ContactPaul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482-5438.
FR Citation83 FR 46915 
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