Notices. Notice of first request for panel review
1,784 words·~8 min read·
/register/2005/01/28/05-1617·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (“Sunset”) Reviews; Correction AGENCY: Import Administration, International Trade Administration, Department of Commerce. In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) published its notice of five-year (“sunset”) reviews of certain antidumping and countervailing duty orders on January 3, 2005. *See Initiation of Five-Year (“Sunset”) Reviews* , 70 FR 75 (January 3, 2005).
In that notice, the published case number of the antidumping duty order on certain carbon cut-to-length quality steel plate from Japan was incorrect. The correct case number is A-588-847. FOR FURTHER INFORMATION CONTACT: Martha Douthit, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce at
(202)482-5050. Dated: January 24, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-338 Filed 1-27-05; 8:45 am] BILLING CODE: 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Rescission, in Part, of Antidumping Duty Administrative Review Agency: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) is rescinding its administrative review of four companies under the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam for the period January 1, 2003, through July 31, 2004. This rescission, in part, is based on the timely withdrawal of the request for review by the respective interested party that requested a review. A complete list of the companies for which the administrative review is being rescinded is provided in the *Rescission, in Part, of Administrative Review* section below. The Department is not rescinding its review of Can Tho Agricultural and Animal Products Import-Export Company (CATACO); Phan Quan Company, Ltd.; Phu Thanh Company, Co.; or Vinh Hoan Company, Ltd. EFFECTIVE DATE: January 28, 2005. FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Alex Villanueva at
(202)482-2243 and
(202)482-3208, respectively, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The Department published in the **Federal Register** an antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam on August 12, 2003 (68 FR 47909). Pursuant to its *Notice of Opportunity to Request an Administrative Review,* 69 FR 46496 (August 3, 2004), and in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended, and section 351.213(b) of the Department's regulations, the Department received timely requests for review from eight exporters: An Giang Fisheries Import and Export Joint Stock Company; An Giang Agriculture and Foods Import-Export Company (AFIEX); Can Tho Agricultural and Animal Products Import-Export Company (CATACO); Mekong Fisheries Joint Stock Company (MEKONIMEX); Phan Quan Company, Ltd.; Phu Thanh Company, Co.; QVD Food Co., Ltd.; and Vinh Hoan Company, Ltd. No other interested party requested a review. On September 22, 2004, the Department published its *Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocation in Part and Deferral of Administrative Review,* 69 FR 56745 (September 22, 2004), initiating on all eight companies for which an administrative review was requested. The Department subsequently received timely withdrawal requests from four of the eight exporters that requested a review: An Giang Fisheries Import and Export Joint Stock Company (October 26, 2004); AFIEX (October 19, 2004); MEKONIMEX (November 5, 2004); and QVD Food Co., Ltd. (September 29, 2004). Rescission, in Part, of Administrative Review Pursuant to section 351.213(d)(1) of the Department's regulations, the Department may rescind an administrative review, “if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” Because four exporters have timely withdrawn their requests for an administrative review within the ninety-day period, and no other party requested a review of these companies, we are rescinding this administrative review, in part, for the period January 1, 2003, through July 31, 2004, for the following companies: An Giang Fisheries Import and Export Joint Stock Company; AFIEX; MEKONIMEX; and QVD Food Co., Ltd. However, we will continue the administrative review with respect to: CATACO; Phan Quan Company, Ltd.; Phu Thanh Company, Co.; and Vinh Hoan Company, Ltd., as these exporters individually submitted a request for review. The Department will issue appropriate assessment instructions directly to the U.S. Customs and Border Protection (“CBP”) within 15 days of the publication of this notice. The Department will direct CBP to assess antidumping duties for these companies at the cash deposit rate in effect on the date of entry for entries during the period January 1, 2003, through July 31, 2004. Notification to Parties This notice serves as a reminder to importers of their responsibility under section 351.402(f) of the Department's regulations to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this period of time. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department's regulations. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with section 351.213(d)(4) of the Department's regulations and sections 751(a)(2)(C) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: January 18, 2005. Gary Taverman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5-339 Filed 1-27-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of first request for panel review. SUMMARY: On January 18, 2005, the Canadian Lumber Remanufacturer's Alliance (“CLRA”) and its individual members filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. A second, third, fourth and fifth Request for Panel Review was filed on January 19, 2005 on behalf of the Canfor Corporation and its affiliates Lakeland Mills Ltd. and the Pas Lumber Company Ltd. (collectively “Canfor”); Terminal Forest Products Ltd. (“Terminal”); and on behalf of the Government of Canada, the Governments of the Provinces of Alberta, British Columbia, Manitoba, Ontario, and Saskatchewan, the Gouvernement du Quebec, the Governments of the Northwest Territories and the Yukon Territory, the British Columbia Lumber Trade Council and its constituent associations (the Coast Forest & Lumber Association and the Council of Forest Industries), the Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association, Quebec Lumber Manufacturers Association; Apex Forest Products Inc., Aspen Planers Ltd., Buchanan Lumber Sales, Inc. and the Buchanan affiliated mills, exporters and importers (including Atikokan Forest Products Ltd., Buchanan Forest Products Ltd., Buchanan Northern Hardwoods Inc., Dubreuil Forest Products Limited, Great West Timber Limited, Long Lake Forest Products Inc., McKenzie Forest Products Inc., Nakina Forest Products Limited, Northern Sawmills Inc., Northern Wood, and Solid Wood Products Inc.), Devlin Timber
(1992)Ltd., Downie Timber Ltd., Federated Co-operative Limited, Gorman Bros. Lumber Ltd., Haida Forest Products Ltd., Kenora Forest Products Ltd., Lecours Lumber Co. Limited, Liskeard Lumber Limited, Manitou Forest Products Ltd., Manning Diversified Forest Products Ltd., Midway Lumber Mills Ltd., Mill & Timber Products Ltd., Nickel Lake Lumber, North Enderby Timber Ltd., Olav Haavaldsrud Timber Company Limited, Pastway Planing Limited, R. Fryer Forest Products Limited, Selkirk Specialty Wood Ltd., Tembec Inc., Tyee Timber Products Ltd., and West Hastings Lumber Products (hereafter, “the Parties”), respectively. Panel review was requested of the final results of countervailing duty administrative review and rescission of certain company-specific reviews made by the United States Department of Commerce, International Trade Administration, respecting Certain Softwood Lumber Products from Canada. This determination was published in the **Federal Register** , (69 FR 75917) on December 20, 2004. The determination was amended by Notice of Correction to Final Results on December 27, 2004 , 69 **Federal Register** 77220. The NAFTA Secretariat has assigned Case Number USA-CDA-2005-1904-01 to this request. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230,
(202)482-5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (“Agreement”) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established *Rules of Procedure for Article 1904 Binational Panel Reviews* (“Rules”). These Rules were published in the **Federal Register** on February 23, 1994 (59 FR 8686). A first Request for Panel Review was filed with the United States Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on January 18, 2005, requesting panel review of the final determination described above. 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 17, 2005);
(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 4, 2005); and
(c)The panel review shall be limited to the allegations of error of fact or law, including the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and the procedural and substantive defenses raised in the panel review. Dated: January 25, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. 05-1617 Filed 1-27-05; 8:45 am]