98-26313. North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review  

  • [Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
    [Notices]
    [Page 52686]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-26313]
    
    
    
    [[Page 52686]]
    
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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 September 1, 1998, U.S. Steel, LTV Steel Company, Inc., 
    Bethlehem Steel Corp., National Steel Corporation, and Inland Steel 
    Industries, Inc. (collectively) filed a First Request for Panel Review 
    with the Canadian Section of the NAFTA Secretariat pursuant to Article 
    1904 of the North American Free Trade Agreement. Panel review was 
    requested of the final order rescinding the injury finding made by the 
    Canadian International Trade Tribunal, respecting Certain Cold-reduced 
    Flat-rolled sheet Products of Carbon Steel (including high-strength 
    low-alloy steel) Originating In or Exported from the Federal Republic 
    of Germany, France, Italy, the United Kingdom and the United States of 
    America. This determination was published in the Canada Gazette, Part 
    I, Volume 132, No. 32, at page 2030, on August 8, 1998. The NAFTA 
    Secretariat has assigned Case Number CDA-USA-98-1904-02 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 domestic 
    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 Canadian 
    Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
    Agreement, on September 1, 1998, requesting panel review of the order 
    rescinding the injury finding described above.
        The Rules provide that:
        (a) A Party or interested person may challenge the final 
    determination in whole or in part 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 is October 1, 1998);
        (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 participate 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 October 16, 
    1998); and
        (c) The panel review shall be limited to the allegations of 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: September 8, 1998.
    James R. Holbein,
    United States Secretary, NAFTA Secretariat.
    [FR Doc. 98-26313 Filed 9-30-98; 8:45 am]
    BILLING CODE 3510-GT-P
    
    
    

Document Information

Published:
10/01/1998
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of first request for panel review.
Document Number:
98-26313
Pages:
52686-52686 (1 pages)
PDF File:
98-26313.pdf