[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Notices]
[Pages 8275-8276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2282]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-847
C-122-848


Antidumping Duty Investigation and Countervailing Duty 
Investigation of Hard Red Spring Wheat from Canada: Notice of Panel 
Decision, Revocation of Countervailing and Antidumping Duty Orders and 
Termination of Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 12, 2005, the binational panel convened under the 
North American Free-Trade Agreement (``NAFTA'') issued a decision 
affirming the International Trade Commission's determination issued 
pursuant to remand that the domestic industry is neither materially 
injured by reason of the subject imports nor threatened with such 
injury. There was no Extraordinary Challenge filed. Therefore, we are 
revoking the countervailing duty order and antidumping duty order on 
hard red spring wheat from Canada effective January 2, 2006, and 
ordering the termination of suspension of liquidation.

EFFECTIVE DATE: February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman, 
AD/CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0182 and (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 16, 2003, the International Trade Commission (``ITC'') 
determined that an industry in the United States is materially injured 
by reason of imports of hard red spring wheat from Canada found to be 
subsidized and sold in the United States at less than fair value. Hard 
Red Spring Wheat from Canada, Inv. Nos. 701-TA-430B and 731-TA-1019B 
(Final), USITC Pub. 3639 (October 2003) (``Final Injury 
Determination''); 68 FR 60707 (October 23, 2003). Respondent parties 
subsequently challenged the ITC's Final Injury Determination before a 
binational panel, pursuant to Article 1904 of the NAFTA. The parties 
briefed and argued the case before the panel, and on June 7, 2005, the 
panel issued its decision, remanding in full the ITC's determination. 
Hard Red Spring Wheat from Canada, USA-CDA- 2003-1904-06, Decision of 
the Panel (June 7, 2005).
    On October 5, 2005, the ITC determined on remand that the domestic 
industry is neither materially injured by reason of the subject imports 
nor threatened with material injury. By decision issued on December 12, 
2005, the panel affirmed in full the ITC's determination on remand. 
Hard Red Spring Wheat from Canada, USA-CDA-2003-1904-06, Decision of 
the Panel on the Remand Determination of the U.S. International Trade 
Commission (December 12, 2005). On December 12, 2005, the panel 
directed the NAFTA Secretariat to issue a Notice of Final Panel Action 
on the 11th day following the December 12, 2005, panel decision. 
Decision of the Panel, 70 FR 75792 (December 21, 2005). The Notice of 
Final Panel Action was issued on December 23, 2005. On January 31, 
2006, the Department published notice of the adverse decision of the 
NAFTA panel, 71 FR 5050 (January 31, 2006). The effective date of the 
notice of the adverse decision was January 2, 2006, 10 days after 
issuance of the Notice of Final Panel Action. On January 30, 2006, the 
NAFTA Secretariat published the North American Free-Trade Agreement, 
Article 1904 NAFTA Panel Reviews; Completion of Panel Review, 71 FR 
4896 (January 30, 2006).
    Therefore, we are revoking the countervailing duty order and 
antidumping duty order on hard red spring wheat from Canada, effective 
January 2, 2006.

Termination of Suspension of Liquidation

    The U.S. Department of Commerce will instruct U.S. Customs and 
Border Protection to terminate the suspension of liquidation of hard 
red spring wheat from Canada, effective January 2, 2006; to cease 
collection of cash deposits on hard red spring wheat from Canada; and 
to proceed with liquidation of the subject merchandise which entered 
the United States on or after January 2, 2006, without regard to 
countervailing duties and antidumping duties.
    This revocation does not affect the liquidation of entries made 
prior to January 2, 2006. Any entries of subject merchandise entered 
before January 2, 2006, are subject to administrative review. If no 
review is requested we will liquidate at the rate in effect at the time 
of entry pursuant to 19 CFR 351.212(c).


[[Page 8276]]


    Dated: February 10, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2282 Filed 2-15-06; 8:45 am]
BILLING CODE 3510-DS-S