[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Notices]
[Page 27238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12995]
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DEPARTMENT OF COMMERCE
International Trade Administration
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 May 8, 1997, Cemex, S.A. de C.V. filed a First Request for
Panel Review with the U.S. 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 review made by the
International Trade Administration in the administrative review
respecting Gray Portland Cement and Clinker from Mexico. This
determination was published in the Federal Register on April 10, 1997
(62 FR 17581). The NAFTA Secretariat has assigned Case Number USA-97-
1904-02 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 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).
The panel review in this matter will be conducted in accordance with
these Rules.
A first Request for Panel Review was field with the U.S. Section of
the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on
May 8, 1997, 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 June 9, 1997);
(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 June 23,
1997); 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: May 13, 1997.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 97-12995 Filed 5-16-97; 8:45 am]
BILLING CODE 3510-GT-M
