[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3342]
[[Page Unknown]]
[Federal Register: February 14, 1994]
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DEPARTMENT OF COMMERCE
United States-Canada Free-Trade Agreement, Article 1904
Binational Panel Reviews; Notice of Decision of Panel
AGENCY: United States-Canada Free-Trade Agreement, Binational
Secretariat, United States Section, International Trade Administration,
Department of Commerce.
ACTION: Notice of decision of panel.
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SUMMARY: By a decision dated January 28, 1994, the Binational Panel
reviewing the redetermination on remand of the final affirmative
material injury determination made by the U.S. International Trade
Commission respecting Certain Softwood Lumber Products from Canada
(Secretariat File No. USA-92-1904-02) affirmed in part and remanded in
part the redetermination to the Commission for further action. A copy
of the complete panel decision is available from the Binational
Secretariat.
FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States
Secretary, Binational Secretariat, suite 2061, 14th and Constitution
Avenue, Washington, DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of the United States-Canada Free-
Trade Agreement (``Agreement'') establishes a mechanism to replace
domestic judicial review of final determinations in antidumping and
countervailing duty cases involving imports from the other 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, 1989, the Government of the United States and the Government
of Canada established Rules of Procedure for Article 1904 Binational
Panel Reviews (``Rules''). These Rules were published in the Federal
Register on December 30, 1988 (53 FR 53212). The Rules were amended by
Amendments to the Rules of Procedure for Article 1904 Binational Panel
Reviews, published in the Federal Register on December 27, 1989 (54 FR
53165). The Rules were further amended and a consolidated version of
the amended Rules was published in the Federal Register on June 15,
1992 (57 FR 26698). The panel review in this matter was conducted in
accordance with these Rules.
Panel Decision
On January 28, 1994, the Binational Panel affirmed in part and
remanded in part the final affirmative injury redetermination made by
the U.S. International Trade Commission on October 25, 1993.
The Panel affirmed the Commission's remand determination with
regard to imports from Quebec.
The Panel remanded the Commission's redetermination in the
following respects:
(1) With respect to the Commission's causation determination, the
Panel found that the information and analysis regarding the role of SPF
in the U.S. softwood lumber market, and the regional price and import
penetration comparisons, do not constitute substantial evidence of
price suppression by reason of imports of softwood lumber from Canada
or are not otherwise in accordance with law.
(2) As to the Commission's price trends analysis, the Panel found
that the analysis, in its present form, did not contitute substantial
evidence and is otherwise not in accordance with law.
The Panel further found that, should the Commission on remand rely
on price trends data to support an affirmative determination, the
Commission is to provide a full analysis and explanation of the
underlying data and the methodology employed in the creation and
presentation of the price trends analysis.
The Binational Panel instructed The Commission to provide its
determination on remand within 45 days of the panel decision (by March
14, 1994).
Dated: February 8, 1994.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-3342 Filed 2-11-94; 8:45 am]
BILLING CODE 3510-GT-M
