[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Notices]
[Page 54622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26854]
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DEPARTMENT OF COMMERCE
North American Free-Trade Agreement (NAFTA), Article 1904
Binational Panel Reviews
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of binational panel decision.
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SUMMARY: On September 12, 1996 the Binational Panel issued its decision
in the review of the final antidumping duty administrative review made
by the Secretaria de Comercio y Fomento Industrial de Mexico (SECOFI)
respecting Solid and Crystal Polystyrene from the Federal Republic of
Germany and the United States of America, Secretariat File No. MEX-94-
1904-03. A majority of the Binational Panel affirmed the final
determination. A copy of the complete Panel decision in Spanish is
available from the NAFTA Secretariat, and an English translation of the
majority opinion is also available.
FOR FURTHER INFORMATION CONTACT:
James R. Holbein, 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 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 Binational Panel review in this matter was conducted in accordance
with these Rules.
Background
On December 9, 1994 Muehlstein International, Ltd. filed a First
Request for Panel Review with the Mexican Section of the NAFTA
Secretariat pursuant to Article 1904 of the North American Free Trade
Agreement. Panel review was requested of the final antidumping
determination that was published in the Diario Oficial on November 11,
1994. Briefs were filed by all participants and oral argument was held
in accordance with the Rules.
Panel Decision
In its September 12 decision, the Binational Panel majority
affirmed the final determination in all respects. One panelist wrote a
concurring opinion agreeing in the result but differing in several
areas from the majority's reasoning. One panelist dissented completely
from the majority opinion.
Dated: September 26, 1996.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 96-26854 Filed 10-18-96; 8:45 am]
BILLING CODE 3510-GT-M
