[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16587-16588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06464]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement (NAFTA), Article 1904 
Binational Panel Review: Notice of No Further Proceedings

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

ACTION: Notice of No Further Proceedings in the matter of Certain 
Fabricated Structural Steel from Mexico; Final Results of Antidumping 
Duty Administrative Review (Secretariat File Number: USA-MEX-2020-1904-
01).

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SUMMARY: In Building Systems de Mexico, S.A. de C.V. v. United States, 
476 F.Supp.3d 1401 (CIT, 2020) the Court of International Trade held 
that ``it has jurisdiction over this proceeding because the 
requirements to request a binational panel, and divest this court of 
jurisdiction, have not been met.'' See also, Full Member Subgroup of 
American Institute of Steel Construction, LLC v. United States, 477 
F.Supp.3d 1349 (CIT, 2020). Consistent with these holdings, there are 
no further proceedings for binational panel review in Certain 
Fabricated Structural Steel from Mexico AD (USA-MEX-2020-1904-01).

FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States 
Secretary, NAFTA Secretariat, 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 January 30, 2020 
(85 FR 5390). In the event a party wished

[[Page 16588]]

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 February 19, 2020 (within 20 days of 
publication of the Final Determination in the Federal Register), and 
pursuant to NAFTA Article 1904(4), the deadline for the submission of a 
Request for Panel Review was March 2, 2020 (within 30 days of 
publication of the Final Determination in the Federal Register).
    On February 19, 2020, the Full Member Subgroup of the American 
Institute of Steel Construction, LLC (``AISC'') and Building Systems de 
Mexico, S.A. de C.V. (``BSM'') filed Notices of Intent to Commence 
Judicial Review at the United States Court of International Trade.
    On February 28, 2020, Corey S.A. de C. V. (``Corey'') solely filed 
a Request for Panel Review.
    On November 3, 2020, in Building Systems de Mexico, S.A. de C.V. v. 
United States, 476 F.Supp.3d 1401, 1409 (CIT, 2020), the Court of 
International Trade held that ``Corey does not have standing, as 
required in order for it to properly request review of Commerce's final 
determination before a NAFTA binational panel. . . . NAFTA art. 1904(5) 
requires a private party to have standing, as determined by the laws of 
the importing country, in order to request a binational panel.''
    The Court of International Trade further held that ``it has 
jurisdiction over this proceeding because the requirements to request a 
binational panel, and divest this court of jurisdiction, have not been 
met.'' Id. at 1405. See also, Full Member Subgroup of American 
Institute of Steel Construction, LLC v. United States, 477 F.Supp.3d 
1349 (CIT, 2020).
    Accordingly, there are no further proceedings for binational panel 
review in Certain Fabricated Structural Steel from Mexico AD (USA-MEX-
2020-1904-01).
    For the complete text of the NAFTA Agreement and the NAFTA Rules of 
Procedure for Article 1904 Binational Panel Reviews, please see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/index.aspx?lang=eng.

    Dated: March 24, 2021.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2021-06464 Filed 3-29-21; 8:45 am]
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