Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 54901 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether an amended Certificate should 

be issued. If the comments include any 

privileged or confidential business 

information, it must be clearly marked 

and a nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked 

privileged or confidential business 

information will be deemed to be 

nonconfidential. An original and five (5) 

copies, plus two (2) copies of the 

nonconfidential version, should be 

submitted no later than 20 days after the 

date of this notice to: Export Trading 

Company Affairs, International Trade 

Administration, U.S. Department of 

Commerce, Room 7021B, Washington, 

DC 20230. Information submitted by any 

person is exempt from disclosure under 

the Freedom of Information Act (5 

U.S.C. 552). However, nonconfidential 

versions of the comments will be made 

available to the applicant if necessary 

for determining whether or not to issue 

the Certificate. Comments should refer 

to this application as ‘‘Export Trade 

Certificate of Review, application 

number 84–16A12.’’

Northwest Fruit Exporters’ (‘‘NFE’’) 

original Certificate was issued on June 

11, 1984 (49 FR 24581, June 14, 1984) 

and previously amended on May 2, 

1988 (53 FR 16306, May 6, 1988); 

September 21, 1988 (53 FR 37628, 

September 27, 1988); September 20, 

1989 (54 FR 39454, September 26, 

1989); November 19, 1992 (57 FR 55510, 

November 25, 1992); August 16, 1994 

(59 FR 43093, August 22, 1994); 

November 4, 1996 (61 FR 57850, 

November 8, 1996); October 22, 1997 

(62 FR 55783, October 28, 1997); 

November 2, 1998 (63 FR 60304, 

November 9, 1998); October 20, 1999 

(64 FR 57438, October 25, 1999); 

October 16, 2000 (65 FR 63567, October 

24, 2000); October 5, 2001 (66 FR 52111, 

October 12, 2001); October 3, 2002 (67 

FR 62957, October 9, 2002); September 

16, 2003 (68 FR 54893, September 19, 

2003); and October 14, 2004 (69 FR 

61802, October 21, 2004). A summary of 

the application for an amendment 

follows. 

Summary of the Application 

Applicant: Northwest Fruit Exporters, 

105 South 18th Street, Suite 227, 

Yakima, Washington 98901–2149. 

Contact: James R. Archer, Manager, 

Telephone: (509) 576–8004. 

Application No.: 84–16A12. 

Date Deemed Submitted: September 

6, 2005. 

Proposed Amendment: Northwest 

Fruit Exporters seeks to amend its 

Certificate to: 

1. Add each of the following 

companies as a new ‘‘Member’’ of the 

Certificate within the meaning of 

section 325.2(1) of the Regulations (15 

CFR 325.2(1)): Bolinger & Sons, 

Wenatchee, WA; C&M Fruit Packers, 

Wenatchee, WA; Cascade Fresh Fruits, 

LLC, Manson, WA; AltaFresh L.L.C. dba 

Chelan Fresh Marketing, Chelan, WA; 

Nuchief Sales Inc., Wenatchee, WA; 

Orchard View Farms, The Dalles, OR; 

SST Growers and Packers LLC, Granger, 

WA; Voelker Fruit and Cold Storage, 

Yakima, WA; and Yakima-Roche Fruit 

Sales L.L.C., Yakima, WA; and 

2. Delete the following companies as 

‘‘Members’’ of the Certificate: Fox 

Orchards, Mattawa, WA; Magi, Inc., 

Brewster, WA (as a result of a merger 

with Chelan Fruit Cooperative, a 

Member of NFE); Monson Fruit Co., 

Selah, WA (for its cherry operation, 

only); Rawland F. Taplett dba R.F. 

Taplett Fruit & Cold Storage Co., 

Wenatchee, WA; Sund-Roy L.L.C., 

Yakima, WA; and Washington Export, 

LLC, Yakima, WA. 

Dated: September 13, 2005. 

Jeffrey Anspacher, 

Director, Export Trading Company Affairs. 

[FR Doc. 05–18492 Filed 9–16–05; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free-Trade Agreement 

(NAFTA), Article 1904 Binational Panel 

Reviews 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Commerce. 

ACTION: Notice of decision of panel. 

SUMMARY: On September 9, 2005, the 

binational panel issued its decision in 

the review of the final determination 

made by the International Trade 

Administration, respecting Alloy 

Magnesium from Canada Final 

Countervailing Duty Determination, 

New Shipper Review, Secretariat File 

No. USA–CDA–2003–1904–02. The 

binational panel affirmed the 

International Trade Administration 

determination with two dissenting 

opinions and one concurring opinion. 

Copies of the panel decision are 

available from the U.S. Section of the 

NAFTA Secretariat. 

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 the 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). The panel review in this 

matter has been conducted in 

accordance with these Rules. 

Panel Decision 

The determination is as follows: 

A. With respect to the de facto 

specificity issue, a majority of the panel 

decided to uphold the Department’s 

Final Determination. Chairman Endsley 

and panelist Holbein wrote the panel 

opinion, while panelist Winham wrote 

separate concurring views. Panelists 

Anissimoff and LaBarge dissent. 

B. With respect to the AUL 

calculation issue, the panel 

unanimously upheld the Department’s 

Final Determination. 

C. With respect to the discount rate 

issue, the panel unanimously upheld 

the Department’s Final Determination. 

The panel has directed the Secretary 

to issue a Notice of Final Panel Action 

on the 11th day following the issuance 

of the panel decision. 

Dated: September 13, 2005. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. 05–18499 Filed 9–16–05; 8:45 am] 

BILLING CODE 3510–GT–P