[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6433]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-816]
Court Decision and Suspension of Liquidation on Certain Softwood
Lumber Products From Canada
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of court decision and suspension of liquidation.
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SUMMARY: On March 7, 1994, the U.S.-Canada Free Trade Agreement (FTA)
binational panel (the Panel) affirmed the U.S. Department of Commerce's
(the Department) determination on remand that no subsidies were
provided on U.S. imports of softwood lumber products from Canada.
Article 1904.13 of the FTA provides that a government may request a
review of a Panel decision by an Extraordinary Challenge Committee
(ECC).
The Office of the United States Trade Representative (USTR) has
announced that it will file for an ECC review of the Panel's decision.
The Department will implement the decision of the ECC.
In accordance with the U.S. Court of Appeals for the Federal
Circuit (Federal Circuit) decision in Timken Company v. United this
proceeding.
EFFECTIVE DATE: March 17, 1994.
FOR FURTHER INFORMATION CONTACT: Joe Kaesshaefer or Kelly Parkhill,
Office of Countervailing Compliance, International Trade
Administration, U.S. Department of Commerce, 14th & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On May 28, 1992, the Department determined that U.S. imports of
Canadian softwood lumber products are subsidized (57 FR 22570). The
Commerce decision was appealed under Chapter 19 of the FTA. The Panel
issued an adverse decision on May 6, 1993, finding that the Department
had not demonstrated that countervailable subsidies existed, and
remanded the case to the Department for further deliberations. The
Department completed a redetermination and on December 17, 1993, the
Panel issued a second adverse decision, finding that the Department
still had not supported its determination that countervailable
subsidies existed. It ordered a second remand, requiring the Department
to find that there were no subsidies. The Department complied with this
order, and filed its second redetermination, on January 6, 1994. The
Panel affirmed this redetermination on February 23, 1994 and issued a
Notice of Final Panel Action on March 7, 1994. USTR has until April 6,
1994 to file a request for an ECC review.
Suspension of Liquidation
In accordance with the Timken decision, the Department must publish
notice of a decision of the Panel which is not ``in harmony'' with the
Department's final determination. The Panel's March 7, 1994 decision
constitutes a decision not in harmony with the Department's affirmative
subsidy determination. Accordingly, the Department is publishing this
notice. The Timken decision also held that the Department must suspend
liquidation pending a ``conclusive'' court decision in the action.
Therefore, the Department will continue the suspension of liquidation
of the subject merchandise until the ECC issues a conclusive decision
in this action. The Department will implement the decision of the ECC.
Dated: March 15, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6433 Filed 3-16-94; 8:45 am]
BILLING CODE 3510-DS-P
