[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Notices]
[Page 55617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27594]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: On September 27, 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 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 final 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 Goverment 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.
Panel Decision
In its September 27 decision, 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 this Order (by not later
than January 27, 1997.)
Dated: October 14, 1996.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 96-27594 Filed 10-25-96; 8:45 am]
BILLING CODE 3510-GT-M
