[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Notices]
[Page 71450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34194]
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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 November 20, 1998, Cello Products, Inc. and Bow Metallics
Inc. 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 Rescission of
Finding Made on October 18, 1993 in Inquiry No. NQ-93-001 determination
made by the Canadian International Trade Tribunal, respecting Certain
Solder Joint Pressure Pipe Fittings and Solder Joint Drainage, Waste
and Vent Pipe Fittings, Made of Cast Copper Alloy, Wrought Copper Alloy
or Wrought Copper, Originating in or Exported from the United States of
America and Produced by or on Behalf of Elkhart Products Corporation,
Elkhart, Indiana, NIBCO Inc., Elkhart, Indiana, and Mueller Industries,
Inc., Wichita, Kansas, Their Successors and Assigns. This determination
was published in the Canada Gazette Part I, Volume 132, No. 43, page
2932, dated October 24, 1998. The NAFTA Secretariat has assigned Case
Number CDA-USA-98-1904-03 to this request.
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).
A first Request for Panel Review was filed with the Canadian
Section of the NAFTA Secretariat, pursuant to Article 1904 of the
Agreement, on November 20, 1998, requesting panel review of the final
rescission of 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 December 21,
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 January 4,
1999); 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: December 9, 1998.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 98-34194 Filed 12-24-98; 8:45 am]
BILLING CODE 3510-GT-P
