[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Notices]
[Page 31448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14712]
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DEPARTMENT OF COMMERCE
North American Free-Trade Agreement (NAFTA) Article 1904
Binational Panel Reviews; Notice of Decision of Panel
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of decision of panel on May 30, 1995.
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SUMMARY: On May 30, 1995, a Binational Panel issued its decision in the
review of the final countervailing duty determination made by the
International Trade Administration (ITA) in the administrative review
respecting Live Swine from Canada, Secretariat File No. USA-94-1904-01.
The Binational Panel remanded the final determinations to the
International Trade Administration for further action on two issues and
affirmed the determination in all other respects. A copy of the
complete panel decision is available from the Binational Secretariat.
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 binational 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 has been conducted in accordance with
these Rules.
BACKGROUND: A first Request for Panel Review was filed with the U.S.
Section of the NAFTA Secretariat, pursuant to Article 1904 of the
Agreement, on March 30, 1994. P. Quintaine & Son Ltd, of Brandon,
Manitoba, Pryme Pork Ltd., of St. Malo, Manitoba and Earle Baxter
Trucking LQ., of Millbank, Ontario requested panel review of the final
countervailing duty administrative review described above.
PANEL DECISION: In its May 30, 1995 decision, the panel remanded the
determination and instructed the ITA to:
(1) Reinstate the Sows and Boars subclass and determine a separate
CVD rate for it; and
(2) Consider Pryme Pork's application for a subclass for Weanlings,
employing the same criteria used in creating the Sows and Boars
subclass, explaining in detail any reasons that may be found to
preclude the establishment of a Weanling subclass or the calculation of
a separate CVD rate for such subclass.
The panel also affirmed the final determination findings that Sows
and Boars and also Weanlings are within the scope of the CVD order.
In a separate Order, the panel instructed the ITA to file its
determination on remand by July 31, 1995.
Dated: June 9, 1995.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 95-14712 Filed 6-14-95; 8:45 am]
BILLING CODE 3510-GT-M
