[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Page 34849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17110]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement, Article 1904 Binational
Panel Reviews
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of decision of binational panel and notice of completion
of panel review.
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SUMMARY: Pursuant to the third panel decision issued on April 13, 1998
that affirmed SECOFI's second Determination on Remand, the binational
panel review in Secretariat File No. MEX-94-1904-01 was completed on
May 25, 1998.
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 and Final Decision
The panel in Secretariat File No. 94-1904-01 was convened to review
the final antidumping duty determination made by the Secretaria de
Comercio y Fomento Industrial (SECOFI) with respect to Imports of Cut-
to-Length Plate, Covered by Customs Tariff Classifications 7208.32.01,
7208.33.01 7208.42.01 and 7208.43.01 of the Tariff Schedule of the
General Tax Import Law, Originating in and Exported from the United
States of America.
On September 15, 1997 the Panel issued a decision affirming in part
and remanding in part the first Remand Determination of SECOFI for
further action. On January 13, 1998 SECOFI submitted its second Remand
Determination, which was challenged on February 2, 1998 under the Rules
by New Process Steel Corporation. On April 13, 1998 after review of all
documents filed in this action on remand, the Panel denied New
Process's challenge to SECOFI's second Remand Determination dated
January 13, 1998 and affirmed the second Remand Determination in all
its parts.
The Secretariat was instructed to issue a Notice of Completion of
Panel Review on the 31st day following the issuance of the Notice of
Final Panel Action, if no Request for an Extraordinary Challenge was
filed. No such request was filed. Therefore, on the basis of the Panel
Order and Rule 80 of the Article 1904 Panel Rules, the Panel Review was
completed and the panelists discharged from their duties effective on
May 25, 1998.
Dated: June 4, 1998.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 98-17110 Filed 6-25-98; 8:45 am]
BILLING CODE 3510-GT-M
