North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Completion of the Extraordinary Challenge Committee, 48103 [E5-4411]

Download as PDF Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Notices DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Completion of the Extraordinary Challenge Committee NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of decision and completion of the Extraordinary Challenge Committee. AGENCY: SUMMARY: On August 10, 2005, the Extraordinary Challenge Committee (ECC) issued its decision in the matter of Certain Softwood Lumber Products from Canada, Secretariat File No. ECC– 2004–1904–01USA. 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). Background Information: On November 24, 2004, the Office of the United States Trade Representative filed a Request for an Extraordinary Challenge Committee to review the binational NAFTA Panel decisions of September 5, 2003, April 19, 2004 and August 31, 2004 in the matter of Certain Softwood Lumber Products from Canada—Final Affirmative Threat of Material Injury Determination. These determinations were published in the Federal Register. The NAFTA Secretariat assigned Secretariat File VerDate jul<14>2003 18:02 Aug 15, 2005 Jkt 205001 Number ECC–2004–1904–01USA to this request. Committee Decision: (a) The Panel did not manifestly exceed its powers, authority or jurisdiction in refusing to permit the Commission to reopen the record in preparing its responses, in setting the time limits within which the Commission had to respond to Panel Decision II, or in ordering the Commission to enter a negative threat determination; (b) Except on the issue of export orientation, the Panel did not exceed its powers, authority or jurisdiction by failing to apply the appropriate standard of review; (c) On the issue of export orientation, the Panel’s failure to apply the appropriate standard of review was not material; and (d) The conduct of Panelist Mastriani did not create a reasonable apprehension of bias. In light of these conclusions (except with regard to the Panel’s finding of no substantial evidence on the finding on issue export orientation), it is not necessary for us to determine whether, if the Panel had committed any of the errors alleged, they would have been material to the Panel’s decision or threatened the integrity of the binational panel review process. Accordingly, pursuant to NAFTA Annex 1904.13, this challenge is denied and the challenged decision of the Panel stands affirmed. The Committee Members are hereby discharged from their duties effective August 11, 2005. Dated: August 10, 2005. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E5–4411 Filed 8–15–05; 8:45 am] BILLING CODE 3510–GT–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. 10 a.m., Thursday, August 25, 2005. TIME AND DATE: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: Enforcement Review. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Rule 48103 CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, (202) 418–5100. Catherine D. Daniels, Assistant Secretary of the Commission. [FR Doc. 05–16289 Filed 8–12–05; 1:05 pm] BILLING CODE 6351–01–M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests Department of Education. The Acting Director, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before October 17, 2005. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Acting Director, Regulatory Information Management Services, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) title; (3) summary of the collection; (4) description of the need for, and proposed use of, the information; (5) respondents and frequency of collection; and (6) reporting and/or recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the AGENCY: SUMMARY: E:\FR\FM\16AUN1.SGM 16AUN1

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[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Page 48103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4411]



[[Page 48103]]

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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Notice of Completion of the Extraordinary Challenge Committee

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Notice of decision and completion of the Extraordinary 
Challenge Committee.

-----------------------------------------------------------------------

SUMMARY: On August 10, 2005, the Extraordinary Challenge Committee 
(ECC) issued its decision in the matter of Certain Softwood Lumber 
Products from Canada, Secretariat File No. ECC-2004-1904-01USA.

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).
    Background Information: On November 24, 2004, the Office of the 
United States Trade Representative filed a Request for an Extraordinary 
Challenge Committee to review the binational NAFTA Panel decisions of 
September 5, 2003, April 19, 2004 and August 31, 2004 in the matter of 
Certain Softwood Lumber Products from Canada--Final Affirmative Threat 
of Material Injury Determination. These determinations were published 
in the Federal Register. The NAFTA Secretariat assigned Secretariat 
File Number ECC-2004-1904-01USA to this request.
    Committee Decision: (a) The Panel did not manifestly exceed its 
powers, authority or jurisdiction in refusing to permit the Commission 
to reopen the record in preparing its responses, in setting the time 
limits within which the Commission had to respond to Panel Decision II, 
or in ordering the Commission to enter a negative threat determination;
    (b) Except on the issue of export orientation, the Panel did not 
exceed its powers, authority or jurisdiction by failing to apply the 
appropriate standard of review;
    (c) On the issue of export orientation, the Panel's failure to 
apply the appropriate standard of review was not material; and
    (d) The conduct of Panelist Mastriani did not create a reasonable 
apprehension of bias.
    In light of these conclusions (except with regard to the Panel's 
finding of no substantial evidence on the finding on issue export 
orientation), it is not necessary for us to determine whether, if the 
Panel had committed any of the errors alleged, they would have been 
material to the Panel's decision or threatened the integrity of the 
binational panel review process.
    Accordingly, pursuant to NAFTA Annex 1904.13, this challenge is 
denied and the challenged decision of the Panel stands affirmed.
    The Committee Members are hereby discharged from their duties 
effective August 11, 2005.

    Dated: August 10, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5-4411 Filed 8-15-05; 8:45 am]
BILLING CODE 3510-GT-P
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