[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Notices]
[Page 58599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29065]
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DEPARTMENT OF COMMERCE
North American Free-Trade Agreement (NAFTA), Article 1904
Binational 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 November 10, 1995, Gulf States Tube Division 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 made by the Secretariat de Comercio y Fomento Industrial,
in the administrative review respecting Seamless Commercial Steel Tubes
from the United States of America. This determination was published in
the Diario Oficial de la Federacion on October 11, 1995. The NAFTA
Secretariat has assigned Case Number MEX-95-1904-01 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 determination 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 Mexican Section
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on
November 10, 1995, requesting panel review of the final antidumping
duty administrative review 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 December 11,
1995);
(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 December 26,
1995); 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 files in the panel review
and the procedural and substantive defenses raised in the panel review.
Dated: November 21, 1995.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 95-29065 Filed 11-27-95; 8:45 am]
BILLING CODE 3510-GT-M
