[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33351-33352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16159]
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DEPARTMENT OF COMMERCE
International Trade Administration
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 decision of panel.
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[[Page 33352]]
SUMMARY: On June 4, 1998 the binational panel issued its decision in
the review of the final antidumping duty administrative review
respecting Certain Corrosion-Resistant Carbon Steel Flat Products from
Canada, Secretariat File No. USA-97-1904-03. The panel affirmed in part
and remanded in part the final determination for further action within
60 days. Copies of the panel decision are available from the U.S.
Section of 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 to 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: On May 12, 1997, Stelco, Inc. 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 duty Administrative
review made by the International Trade Administration in the
administrative review respecting Certain Corrosion-Resistant Carbon
Steel Flat Products from Canada. This determination was published in
the Federal Register on April 15, 1997 (62 FR 18448). The NAFTA
Secretariat assigned Case Number USA-97-1904-03 to this request. The
panel reviewed the complaints, briefs and other documents and heard
oral argument in this matter.
Panel Decision: The panel remanded the final determination to ITA
to (1) reconsider the calculations of transfer prices for certain
inputs and consider arguments that the transfer price of those inputs
should be recalculated to take account of the actual costs with regard
to those inputs; (2) recompute the net interest expense factor to
include certain payments to governments other than income tax; and (3)
correct clerical errors concerning certain inland freight expenses. The
panel ordered the remand determination to be returned within 60 days
(by August 3, 1998).
Dated: June 8, 1998.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 98-16159 Filed 6-17-98; 8:45 am]
BILLING CODE 3510-61-M
