[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Page 861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-124]
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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.
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SUMMARY: On December 23, 1998, Allied Tube and Conduit Company, the
Sawhill Tubular Division of Armco, Inc., and Wheatland Tube Company
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. Panel review was requested of the Final Scope
Ruling on the antidumping order respecting Circular Welded Non-Alloy
Steel Pipe and Tube from Mexico; Galvak, S.A. de C.V. This
determination was made by the International Trade Administration and
served on the Embassy of Mexico in Washington, D.C. on November 30,
1998. The NAFTA Secretariat has assigned File Number USA-MEX-98-1904-05
to this request.
FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue,
Washington, D.C. 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade
Agreement (``Agreement'') establishes a mechanism to replace 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 U.S. Section of
the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on
December 23, 1998, requesting panel review of the final scope ruling
described above.
The Rules provide that:
(a) A Party or interested person may challenge the final
determination in whole or in party 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 in January 22, 1999);
(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 anticipate 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 February 8,
1999); and
(c) The panel review shall be limited to the allegations for 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: December 28, 1998.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 99-124 Filed 1-4-99; 8:45 am]
BILLING CODE 3510-GT-M
