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Start Preamble
Start Printed Page 74174
AGENCY:
NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce.
ACTION:
Notice of Decision of Panel.
SUMMARY:
On December 5, 2012, the NAFTA Chapter 19 binational panel issued its decision in the review of the final results of the 2008/2009 antidumping administrative review made by the U.S. Department of Commerce, respecting Light-Walled Rectangular Pipe and Tube from Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel remanded the matter to the U.S. Department of Commerce and Ordered that Commerce provide the Panel with its explanation regarding its practice of zeroing in administrative reviews, but not in antidumping investigations. Copies of the panel's decision are available from the U.S. Section of the NAFTA Secretariat.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Ellen M. Bohon, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482-5438.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 has been conducted in accordance with these Rules.
Panel Decision: On December 5, 2012, the binational panel remanded the matter of Light-Walled Rectangular Pipe and Tube from Mexico (NAFTA Secretariat File Number USA-MEX-2011-1904-02) to the U.S. Department of Commerce to provide a thorough explanation of why it is a reasonable interpretation of the statute to engage in zeroing in administrative reviews, but not in antidumping investigations. The panel directed Commerce to provide such explanation within 90 days of the date of issue of the panel's Decision and Order. (March 5, 2013)
Start SignatureDated: December 5, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-30025 Filed 12-12-12; 8:45 am]
BILLING CODE 3510-GT-P
Document Information
- Published:
- 12/13/2012
- Department:
- International Trade Administration
- Entry Type:
- Notice
- Action:
- Notice of Decision of Panel.
- Document Number:
- 2012-30025
- Pages:
- 74174-74174 (1 pages)
- PDF File:
- 2012-30025.pdf
- Supporting Documents:
- » Requests for Nominations: Trade Promotion Coordinating Committee
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
- » Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
- » Meetings: United States Travel and Tourism Advisory Board
- » Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
- » Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review