[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Page 30222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15083]
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DEPARTMENT OF COMMERCE
North American Free-Trade Agreement (NAFTA), Article 1904
Binational Panel Reviews
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of Binational Panel Decision.
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SUMMARY: On April 30, 1996 the Binational Panel issued its decision in
the review of the final antidumping duty administrative review made by
the International Trade Administration (ITA) respecting Porcelain-on-
Steel Cookware from Mexico, Secretariat File No. USA-95-1904-01. The
Binational Panel affirmed in part and remanded in part the final
determination for action within 45 days of the issuance of the
decision. A copy of the complete Panel decision is available from the
NAFTA Secretariat.
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 Binational Panel review in this matter was conducted in accordance
with these Rules.
Background
On February 8, 1995 Cinsa, 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 published in the
Federal Register on January 9, 1995 (60 FR 2378) and Amended on
February 8, 1995 (60 FR 7521).
Panel Decision
In its April 30 decision, the Binational Panel affirmed the
Commerce Department's final determinations with respect to all issues
with the following two exceptions: (1) The Panel remanded the issue
concerning the error associated with product number 10158 for further
proceedings not inconsistent with the opinion, and (2) the Panel
remanded the issue of the appropriate adjustment for rebated or
uncollected value-added taxes with instructions for the Department to
apply the tax neutral methodology approved by the Court of Appeals for
the Federal Circuit in Federal Mogul v. United States, 63 F.3d 1572
(Fed. Cir. 1995). Two panelists wrote a concurring opinion on the issue
of the inclusion of profit-sharing in the calculation of cost of
production and constructed value. The Department was instructed to
provide the Panel with the results of the remand within 45 days of the
date of the decision (on or before June 14, 1996).
Dated: May 17, 1996.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 96-15083 Filed 6-13-96; 8:45 am]
BILLING CODE 3510-GT-M
