[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Page 35073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15489]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement (NAFTA) Binational Panel
Review Precluded
AGENCY: United States Section, NAFTA Secretariat, International Trade
Administration, Department of Commerce.
ACTION: NAFTA Binational Panel Review is precluded in the matter of
Large Diameter Welded Pipe from Canada.
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SUMMARY: Notice of the Department of Commerce's Large Diameter Welded
Pipe from Canada: Final Affirmative Determination of Sales at Less Than
Fair Value (Final Determination) was published in the Federal Register
on February 27, 2019. On May 8, 2019, the NAFTA Secretariat received a
Notice of Intent to Commence Judicial Review (Notice of Intent). No
action is required by the Secretariat in response to the Notice of
Intent. On May 22, 2019, the Secretariat also received a Conditional
Request for Panel Review (Conditional Request). The Conditional Request
was submitted after the deadline for requests for panel review provided
by NAFTA Article 1904(4). Panel review is therefore precluded.
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: Notice of the Department of Commerce's Final
Determination was published in the Federal Register (84 FR 6378) on
February 27, 2019. In the event a party wished to challenge the Final
Determination, pursuant to NAFTA Article 1904(15)(c)(ii), the deadline
for the submission of a Notice of Intent to Commence Judicial Review
was March 19, 2019 (10 days prior to the latest date on which a panel
may be requested), and pursuant to NAFTA Article 1904(4), the deadline
for the submission of a Request for Panel Review was March 29, 2019
(within 30 days of publication of the Final Determination in the
Federal Register).
On May 8, 2019, the American Cast Iron Pipe Company, Berg Steel
Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, and Stupp
Corporation, individually and as members of the American Line Pipe
Producers Association (``ALPPA''); Greens Bayou Pipe Mill, LP; JSW
Steel (USA) Inc.; Skyline Steel; Trinity Products LLC; and Welspun
Tubular LLC filed a Notice of Intent with the NAFTA Secretariat,
specifying an intention to seek judicial review at the United States
Court of International Trade. The Notice of Intent was submitted 50
days after the deadline established by Article 1904(15). No further
action is required by the Secretariat in response to the Notice of
Intent.
On May 22, 2019, Evraz Inc. NA (``Evraz'') submitted a Conditional
Request to the NAFTA Secretariat, ``for the purpose of challenging
Petitioners' untimely attempt to appeal the underlying agency
determination.'' The Conditional Request for Panel Review was submitted
54 days after the deadline established by Article 1904(4). Accordingly,
review by a panel is precluded.
NAFTA Article 1904(4) provides:
A request for a panel shall be made in writing to the other
involved Party within 30 days following the date of publication of
the final determination in question in the official journal of the
importing Party. In the case of final determinations that are not
published in the official journal of the importing Party, the
importing Party shall immediately notify the other involved Party of
such final determination where it involves goods from the other
involved Party, and the other involved Party may request a panel
within 30 days of receipt of such notice. Where the competent
investigating authority of the importing Party has imposed
provisional measures in an investigation, the other involved Party
may provide notice of its intention to request a panel under this
Article, and the Parties shall begin to establish a panel at that
time. Failure to request a panel within the time specified in this
paragraph shall preclude review by a panel.
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. For the complete text of the NAFTA Agreement and
the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews,
please see https://www.nafta-sec-alena.org/Home/Legal-Texts.
Dated: July 16, 2019.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2019-15489 Filed 7-19-19; 8:45 am]
BILLING CODE 3510-GT-P