[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Pages 54833-54834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27721]
-----------------------------------------------------------------------
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, Department of Commerce.
ACTION: Notice of Binational Panel decision.
-----------------------------------------------------------------------
SUMMARY: On September 15, 1997 the Binational Panel issued its second
decision in the review of the final antidumping duty administrative
review made by the Secretaria de Comercio y Fomento Industrial de
Mexico (SECOFI) respecting Flat Coated Sheet Products from the United
States, Secretariat File No. MEX-94-1904-01. The Binational Panel
unanimously affirmed in part and remanded in part the agency's remand
determination. A copy of the complete Panel decision in Spanish or
English is available from the NAFTA Secretariat.
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).
The Binational Panel review in this matter was conducted in accordance
with these Rules.
Background: On September 1, 1994 Inland Steel Company and USX
Corporation 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
August 2, 1994. Complaints were filed by Inland, USX, Bethlehem Steel
Corporation, LTV Steel Company, New Process Steel Corporation and
Industrias Monterrey, S.A. de C.V. (IMSA). Briefs were filed by all
participants and oral argument was held in accordance with the Rules.
First Panel Decision
In its first decision, issued on September 27, 1996, the Binational
Panel unanimously affirmed in part and remanded in part the final
determination. In its Order the panel affirmed all aspects of the final
determination except for several specific instructions to SECOFI to
take further actions. The Panel Order then enumerated specific actions
involving competence and formality requirements, dumping issues, and
injury issues. The Panel directed SECOFI, on remand, to comply with the
specific instructions within 120 days of the date of the Decision.
Second Panel Decision
On April 30, 1997, SECOFI filed its determination on remand.
Challenges were timely filed by two interested parties, New Process
Steel Corp. and Inland Steel. New Process challenged certain dumping
findings and Inland sought to have its dumping margin conformed to any
recalculation of New Process's dumping margin. After review of all
relevant information and written arguments made by counsel for the
participants, the Panel issued its second decision on September 15,
1997. The Panel remanded the determination on remand to SECOFI to do
the following:
[[Page 54834]]
(1) Fully inform New Process of all missing information and of all
needed clarifications regarding proposed calculations of hand labor
cost, overhead expense, profit and credit expenses for New Process, and
regarding product exclusions for New Process;
(2) Give New Process an opportunity to provide additional
information and to make clarifications regarding proposed calculations
of hand labor cost, overhead expense, profit and credit expense, and
regarding product exclusions;
(3) Based on the above, make new dumping calculations for New
Process and for Inland.
The panel affirmed SECOFI's Remand Results of April 30, 1997, with
respect to the allocation of raw material costs of New Process and in
all other respects not addressed above. The Panel ordered the second
remand determination to be completed within 120 days of the date of the
opinion (by not later than January 13, 1998).
Dated: October 14, 1997.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 97-27721 Filed 10-21-97; 8:45 am]
BILLING CODE 3510-GT-P
