83 FR 4905 - North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review in the Matter of Softwood Lumber From Canada: Determinations (Secretariat File Number: USA-CDA-2018-1904-03)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range		4905-4906
FR Document		2018-02135

A Request for Panel Review was filed on behalf of the Government of Canada; Government of Alberta; Government of British Columbia; Government of Ontario; Government of Qu[eacute]bec; Alberta Softwood Lumber Trade Council; British Columbia Lumber Trade Council; Conseil de l'Industrie forestier du Qu[eacute]bec and Ontario Forest Industries Association; Canfor Corporation; J.D. Irving, Limited; Resolute FP Canada Inc. and Rene Bernard Inc.; Tembec Inc. and Eacom Timber Corporation; and West Fraser Mills Ltd. with the United States Section of the NAFTA Secretariat on January 19, 2018 and on behalf of Western Forest Products, Inc. on January 26, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the U.S. International Trade Commission's final injury determination regarding Softwood Lumber from Canada. The final determination was published in the Federal Register on December 28, 2017 (82 FR 61,587). The NAFTA Secretariat has assigned case number USA-CDA-2018-1904-03 to this request.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4905-4906]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-02135]

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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 in the
Matter of Softwood Lumber From Canada: Determinations (Secretariat File
Number: USA-CDA-2018-1904-03)

AGENCY: United States Section, NAFTA Secretariat, International Trade
Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: A Request for Panel Review was filed on behalf of the
Government of Canada; Government of Alberta; Government of British
Columbia; Government of Ontario; Government of Qu[eacute]bec; Alberta
Softwood Lumber Trade Council; British Columbia Lumber Trade Council;
Conseil de l'Industrie forestier du Qu[eacute]bec and Ontario Forest
Industries Association; Canfor Corporation; J.D. Irving, Limited;
Resolute FP Canada Inc. and Rene Bernard Inc.; Tembec Inc. and Eacom
Timber Corporation; and West Fraser Mills Ltd. with the United States
Section of the NAFTA Secretariat on January 19, 2018 and on behalf of
Western Forest Products, Inc. on January 26, 2018, pursuant to NAFTA
Article 1904. Panel Review was requested of the U.S. International
Trade Commission's final injury

[[Page 4906]]

determination regarding Softwood Lumber from Canada. The final
determination was published in the Federal Register on December 28,
2017 (82 FR 61,587). The NAFTA Secretariat has assigned case number
USA-CDA-2018-1904-03 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 February 20,
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 March 5,
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: January 30, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018-02135 Filed 2-1-18; 8:45 am]
BILLING CODE 3510-GT-P

Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices 4905

the deadline date for case briefs.10 affirmative; (2) the requesting exporter Appendix II—List of Topics Discussed
Pursuant to 19 CFR 351.309(c)(2) and accounts for a significant proportion of in the Preliminary Decision
(d)(2), parties who submit case briefs or exports of the subject merchandise; and Memorandum
rebuttal briefs in this investigation are (3) no compelling reasons for denial I. Summary
encouraged to submit with each exist, Commerce is postponing the final II. Background
argument: (1) A statement of the issue; determination and extending the III. Period of Investigation
(2) a brief summary of the argument; provisional measures from a four-month IV. Scope Comments
and (3) a table of authorities. period to a period not greater than six V. Respondent Selection
Pursuant to 19 CFR 351.310(c), months. Accordingly, Commerce will VI. Discussion of the Methodology
interested parties who wish to request a make its final determination no later A. Determination of the Comparison
hearing, limited to issues raised in the than 135 days after the date of Method
case and rebuttal briefs, must submit a publication of this preliminary B. Results of the Differential Pricing
Analysis
written request to the Assistant determination. VII. Date of Sale
Secretary for Enforcement and VIII. Product Comparisons
Compliance, U.S. Department of International Trade Commission
Notification IX. Export Price
Commerce, within 30 days after the date X. Normal Value
of publication of this notice. Requests In accordance with section 733(f) of A. Home Market Viability
should contain the party’s name, the Act, Commerce will notify the B. Level of Trade
address, and telephone number, the C. Cost of Production (COP) Analysis
International Trade Commission (ITC) of
number of participants, whether any 1. Calculation of COP
its preliminary determination. If the 2. Test of Comparison Market Sales Prices
participant is a foreign national, and a final determination is affirmative, the 3. Results of the COP Test
list of the issues to be discussed. If a ITC will determine before the later of D. Calculation of NV Based on Comparison
request for a hearing is made, Commerce 120 days after the date of this Market Prices
intends to hold the hearing at the U.S. preliminary determination or 45 days XI. Currency Conversion
Department of Commerce, 1401 after the final determination whether XII. Conclusion
Constitution Avenue NW, Washington, these imports are materially injuring, or [FR Doc. 2018–02043 Filed 2–1–18; 8:45 am]
DC 20230, at a time and date to be threaten material injury to, the U.S. BILLING CODE 3510–DS–P
determined. Parties should confirm by industry.
telephone the date, time, and location of
the hearing two days before the Notification to Interested Parties
DEPARTMENT OF COMMERCE
scheduled date.
This determination is issued and
Postponement of Final Determination published in accordance with sections International Trade Administration
and Extension of Provisional Measures 733(f) and 777(i)(1) of the Act and 19 North American Free Trade Agreement
Section 735(a)(2) of the Act provides CFR 351.205(c). (NAFTA), Article 1904 Binational Panel
that a final determination may be Dated: January 26, 2018. Review: Notice of Request for Panel
postponed until not later than 135 days P. Lee Smith, Review in the Matter of Softwood
after the date of the publication of the Deputy Assistant Secretary for Policy and Lumber From Canada: Determinations
preliminary determination if, in the Negotiations. (Secretariat File Number: USA–CDA–
event of an affirmative preliminary 2018–1904–03)
determination, a request for such Appendix I—Scope of the Investigation
postponement is made by exporters who The merchandise subject to this
AGENCY: United States Section, NAFTA
account for a significant proportion of investigation is synthetic staple fibers, not Secretariat, International Trade
exports of the subject merchandise, or in carded or combed, specifically bi-component Administration, Department of
the event of a negative preliminary polyester fibers having a polyester fiber Commerce.
determination, a request for such component that melts at a lower temperature ACTION: Notice.
than the other polyester fiber component
postponement is made by the petitioner. SUMMARY: A Request for Panel Review
(low melt PSF). The scope includes bi-
Section 351.210(e)(2) of Commerce’s component polyester staple fibers of any was filed on behalf of the Government
regulations requires that a request by denier or cut length. The subject of Canada; Government of Alberta;
exporters for postponement of the final merchandise may be coated, usually with a Government of British Columbia;
determination be accompanied by a finish or dye, or not coated. Government of Ontario; Government of
request for extension of provisional Excluded from the scope of the Québec; Alberta Softwood Lumber
measures from a four-month period to a investigation on low melt PSF from Taiwan
Trade Council; British Columbia
period not more than six months in are any products covered by the existing
antidumping duty orders on certain polyester Lumber Trade Council; Conseil de
duration. l’Industrie forestier du Québec and
On January 2, 2018, pursuant to 19 staple fiber from Taiwan. See Notice of
Amended Final Determination of Sales at Ontario Forest Industries Association;
CFR 351.210(e), FENC requested that
Less Than Fair Value: Certain Polyester Canfor Corporation; J.D. Irving, Limited;
Commerce postpone the final Staple Fiber from the Republic of Korea and Resolute FP Canada Inc. and Rene
determination and that provisional Antidumping Duty Orders: Certain Polyester Bernard Inc.; Tembec Inc. and Eacom
measures be extended to a period not to Staple Fiber from the Republic of Korea and Timber Corporation; and West Fraser
exceed six months.11 In accordance with Taiwan, 65 FR 33807 (May 25, 2000). Mills Ltd. with the United States
sradovich on DSK3GMQ082PROD with NOTICES

section 735(a)(2)(A) of the Act and 19 Low melt PSF is classifiable under the Section of the NAFTA Secretariat on
CFR 351.210(b)(2)(ii), because: (1) The Harmonized Tariff Schedule of the United
January 19, 2018 and on behalf of
preliminary determination is States (HTSUS) subheading 5503.20.0015.
Although the HTSUS subheading is provided Western Forest Products, Inc. on
10 See 19 CFR 351.309; see also 19 CFR 351.303 for convenience and customs purposes, the January 26, 2018, pursuant to NAFTA
(for general filing requirements). written description of the scope of the Article 1904. Panel Review was
11 See FENC’s Letter, ‘‘Low Melt Polyester Staple merchandise under the investigation is requested of the U.S. International
Fiber (PSF),’’ dated January 2, 2018. dispositive. Trade Commission’s final injury

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4906 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices

determination regarding Softwood DEPARTMENT OF COMMERCE For a complete description of the events
Lumber from Canada. The final that followed the initiation of this
determination was published in the International Trade Administration investigation, see the Preliminary
Federal Register on December 28, 2017 [A–580–895] Decision Memorandum.4 A list of topics
(82 FR 61,587). The NAFTA Secretariat included in the Preliminary Decision
has assigned case number USA–CDA– Low Melt Polyester Staple Fiber From Memorandum is included as Appendix
2018–1904–03 to this request. the Republic of Korea: Preliminary II to this notice. The Preliminary
FOR FURTHER INFORMATION CONTACT: Paul Affirmative Determination of Sales at Decision Memorandum is a public
E. Morris, United States Secretary, Less Than Fair Value, Preliminary document and is on file electronically
NAFTA Secretariat, Room 2061, 1401 Affirmative Determination of Critical via Enforcement and Compliance’s
Constitution Avenue NW, Washington, Circumstances, in Part, Postponement Antidumping and Countervailing Duty
DC 20230, (202) 482–5438. of Final Determination, and Extension Centralized Electronic Service System
of Provisional Measures (ACCESS). ACCESS is available to
SUPPLEMENTARY INFORMATION: Chapter
registered users at https://
19 of Article 1904 of NAFTA provides AGENCY: Enforcement and Compliance, access.trade.gov, and to all parties in the
a dispute settlement mechanism International Trade Administration, Central Records Unit, room B8024 of the
involving trade remedy determinations Department of Commerce. main Department of Commerce
issued by the Government of the United SUMMARY: The Department of Commerce building. In addition, a complete
States, the Government of Canada, and (Commerce) preliminarily determines version of the Preliminary Decision
the Government of Mexico. Following a that Low Melt Polyester Staple Fiber Memorandum can be accessed directly
Request for Panel Review, a Binational (low melt PSF) from the Republic of at http://enforcement.trade.gov/frn/.
Panel is composed to review the trade Korea (Korea) is being, or is likely to be, The signed and the electronic versions
remedy determination being challenged sold in the United States at less than fair of the Preliminary Decision
and issue a binding Panel Decision. value (LTFV). The period of Memorandum are identical in content.
There are established NAFTA Rules of investigation (POI) is April 1, 2016,
Procedure for Article 1904 Binational Scope of the Investigation
through March 31, 2017.
Panel Reviews, which were adopted by The product covered by this
DATES: Applicable February 2, 2018.
the three governments for panels investigation is low melt PSF from
requested pursuant to Article 1904(2) of FOR FURTHER INFORMATION CONTACT:
Korea. For a complete description of the
NAFTA which requires Requests for Alice Maldonado or Brittany Bauer, scope of this investigation, see
Panel Review to be published in AD/CVD Operations, Office II, Appendix I.
accordance with Rule 35. For the Enforcement and Compliance,
complete Rules, please see https:// International Trade Administration, Scope Comments
www.nafta-sec-alena.org/Home/Texts- U.S. Department of Commerce, 1401 In accordance with the preamble to
of-the-Agreement/Rules-of-Procedure/ Constitution Avenue NW, Washington, Commerce’s regulations,5 the Initiation
Article-1904. DC 20230; telephone: (202) 482–4682 or Notice set aside a period of time for
The Rules provide that: (202) 482–3860, respectively. parties to raise issues regarding product
(a) A Party or interested person may SUPPLEMENTARY INFORMATION: coverage (i.e., scope).6 During this
challenge the final determination in period, no interested party commented
Background
whole or in part by filing a Complaint on the scope of this investigation;
in accordance with Rule 39 within 30 This preliminary determination is however, we received comments on the
days after the filing of the first Request made in accordance with section 733(b) overlap between the scope of this
for Panel Review (the deadline for filing of the Tariff Act of 1930, as amended investigation and other proceedings
a Complaint is February 20, 2018); (the Act). Commerce published the before Commerce.7
(b) A Party, investigating authority or notice of initiation of this investigation Nonetheless, Commerce is
interested person that does not file a on July 24, 2017.1 On November 20, preliminarily modifying the scope
Complaint but that intends to appear in 2017, Commerce postponed the language as it appeared in the Initiation
support of any reviewable portion of the preliminary determination of this Notice to eliminate the overlap in
final determination may participate in investigation until January 23, 2018.2 product coverage with the existing PSF
the panel review by filing a Notice of Commerce has exercised its discretion Korea antidumping duty order.8 See the
Appearance in accordance with Rule 40 to toll deadlines for the duration of the
within 45 days after the filing of the first closure of the Federal Government from exclusive functions and duties of the Assistant
January 20 through 22, 2018. If the new Secretary for Enforcement and Compliance,
Request for Panel Review (the deadline ‘‘Deadlines Affected by the Shutdown of the
for filing a Notice of Appearance is deadline falls on a non-business day, in Federal Government,’’ dated January 23, 2018. All
March 5, 2018); and accordance with Commerce’s practice, deadlines in this segment of the proceeding have
(c) The panel review shall be limited the deadline will become the next been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
to the allegations of error of fact or law, business day. The revised deadline for
the Preliminary Determination in the Less-Than-
including challenges to the jurisdiction the preliminary determination of this Fair-Value Investigation of Low Melt Polyester
of the investigating authority, that are investigation is now January 26, 2018.3 Staple Fiber from the Republic of Korea (Korea)’’
dated concurrently with, and hereby adopted by,
set out in the Complaints filed in the 1 See Low Melt Polyester Staple Fiber from the this notice (Preliminary Decision Memorandum).
panel review and to the procedural and Republic of Korea and Taiwan: Initiation of Less- 5 See Antidumping Duties; Countervailing Duties,
sradovich on DSK3GMQ082PROD with NOTICES

substantive defenses raised in the panel Than-Fair-Value Investigations, 82 FR 34277 (July Final Rule, 62 FR 27296, 27323 (May 19, 1997).
review. 24, 2017) (Initiation Notice). 6 See Initiation Notice.
2 See Low Melt Polyester Staple Fiber from the 7 See the petitioner’s Letter re: Low Melt Polyester
Dated: January 30, 2018. Republic of Korea and Taiwan: Postponement of Staple Fiber from the Republic of Korea and
Paul E. Morris, Preliminary Determinations of Antidumping Duty Taiwan—Petitioner’s Comments on Potential Scope
U.S. Secretary, NAFTA Secretariat. Investigations, 82 FR 55091 (November 20, 2017). Overlap, dated October 5, 2017. The petitioner in
3 See Memorandum for The Record from this case is Nan Ya Plastics Corporation, America.
[FR Doc. 2018–02135 Filed 2–1–18; 8:45 am] Christian Marsh, Deputy Assistant Secretary for 8 See Notice of Amended Final Determination of

BILLING CODE 3510–GT–P Enforcement and Compliance, performing the non- Sales at Less Than Fair Value: Certain Polyester

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Document Created: 2018-02-03 14:27:36
Document Modified: 2018-02-03 14:27:36

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		83 FR 4905

83 FR 4905 - North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review in the Matter of Softwood Lumber From Canada: Determinations (Secretariat File Number: USA-CDA-2018-1904-03)

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration