[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Notices]
[Page 37106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17474]
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade Agreement (NAFTA), Article 1904
Binational Panel Reviews; Decision of Binational Panel
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of decision of Binational Panel.
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SUMMARY: On June 18, 1999 the Binational Panel issued its decision in
the matter of Gray Portland Cement and Clinker from Mexico, Secretariat
File No. USA-97-1904-01.
FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, 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 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 was conducted in accordance with these
Rules.
Background Information:
On May 6, 1997, Cemex, S.A. de C.V. (``CEMEX'') and Cementos de
Chihuahua, S.A. de C.V. (``CDC'') 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 Results of Antidumping Duty Administrative
Review made by the International Trade Administration respecting Gray
Portland Cement and Clinker from Mexico. This determination was
published in the Federal Register on April 9, 1997 (62 FR 27238-39).
The request was assigned File No. USA-97-1904-01.
Panel Decision
The Panel affirmed in part and remanded in part with one dissenting
opinion. The Panel determined that by stipulation between CEMEX and the
Department announced at the hearing on December 15, 1998, the Panel
remanded the final results of the Fifth Review to the Department for
the purpose of correcting the ministerial errors identified by CEMEX in
its May 9, 1997 letter to the Department. On remand, the Department
shall correct the errors identified by CEMEX in its May 9, 1997 letter
to the Department identified as Number 1, A and B, and Number 2. CEMEX
has agreed to abandon its claim for ministerial error identified in its
May 9, 1997 letter to the Department as Number 3. Pursuant to the
stipulation, once the ministerial errors are corrected, the Department
shall publish in the Federal Register notice of the corrections and
then instruct the U.S. Customs Service to give effect to the ???
The Panel ordered the Department to issue a determination on remand
consistent with the instructions and findings set forth in the Panel's
decision. The determination on remand shall be issued within ninety
(90) days of the date of the Order (not later than September 16, 1999).
Dated: June 25, 1999.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 99-17474 Filed 7-8-99; 8:45 am]
BILLING CODE 3510-GT-P
