North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review, 3052 [E6-531]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Notices]
[Page 3052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-531]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Request for Panel Review

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

ACTION: Notice of first request for panel review.

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SUMMARY: On January 11, 2006, Aspen Planers Ltd., Buchanan Lumber Sales 
Inc. and the Buchanan affiliated mills, Downie Timber Ltd. Federated 
Co-operatives Ltd., Gorman Bros. Lumber Ltd., Haida Forest Products 
Ltd., Kenora Forest Products Ltd., Lecours Lumber Co. Ltd., Liskeard 
Lumber Ltd., Manitou Forest Products Ltd., Midway Lumber Mills Ltd., 
Mill & Timber Products Ltd., Nickel Lake Lumber, North Enderby 
Distribution Ltd., North Enderby Timber Ltd., Olav Haavaldsrud Timber 
Co. Ltd., R. Fryer Forest Products Ltd., Selkirk Specialty Wood Ltd., 
Tall Tree Lumber Co., Tembec Inc., and Tyee Timber Products Ltd. 
(collectively, ``Plaintiffs'') filed a First Request for Panel Review 
with the United States Section of the NAFTA Secretariat pursuant to 
Article 1904 of the North American Free Trade Agreement. A second, 
third and fourth Request for Panel Review was filed on January 11, 2006 
on behalf of the Canadian Lumber Remanufacturers' Alliance (``CLRA'') 
and each of its individual members: Alpha Lumber Mills Inc., American 
Bayridge Corporation, Bois Neos Inc., Brittania Lumber Company Limited, 
Falcon Lumber Limited, Finmac Lumber Limited, Great Lakes MSR Lumber 
Ltd., Hughes Lumber Specialties Inc., Les Bois d'Oeuvre Beaudoin & 
Gauthier Inc., Mid America Lumber, Monterra Lumber Mills Limited, 
Nicholson and Cates Limited, Palliser Lumber Sales Ltd., Phoenix Forest 
Products Inc., and Weston Forest Corp.; the Government of Canada, the 
Governments of the Provinces of Alberta, British Columbia, Manitoba, 
Ontario, and Saskatchewan, the Gouvernement du Quebec, the Governments 
of the Northwest Territories and the Yukon Territory, the British 
Columbia Lumber Trade Council and its constituent associations (The 
Coast Forest & Lumber Association and the Council of Forest 
Industries), the Ontario Forest Industries Association, the Ontario 
Lumber Manufacturers Association, and the Quebec Lumber Manufacturers 
Association; and Bois Daaquam Inc., Bois Omega Limitee, Fontaine Inc. 
(also known as J.A. Fontaine et fils incorporee), Maibec Industries 
Inc., Materaiux Blanchet, St. Pamphile, and Scierie West Brome Inc., 
respectively. Panel review was requested of the final results of the 
countervailing duty administrative review made by the United States 
Department of Commerce, International Trade Administration, respecting 
Certain Softwood Lumber Products from Canada. This determination was 
published in the Federal Register, (70 FR 73448) on December 12, 2005. 
The NAFTA Secretariat has assigned Case Number USA-CDA-2006-1904-02 to 
this request.

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).
    A first Request for Panel Review was filed with the United States 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on January 11, 2006, requesting panel review of the final 
determination described above.
    The Rules provide that:
    (a) A Party or interested person may challenge the final 
determination in whole or in part by filing a Complaint in accordance 
with Rule 39 within 30 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is February 10, 
2006);
    (b) A Party, investigating authority or interested person that does 
not file a Complaint but that intends to appear in support of any 
reviewable portion of the final determination may participate in the 
panel review by filing a Notice of Appearance in accordance with Rule 
40 within 45 days after the filing of the first Request for Panel 
Review (the deadline for filing a Notice of Appearance is February 27, 
2006); and
    (c) The panel review shall be limited to the allegations of error 
of fact or law, including the jurisdiction of the investigating 
authority, that are set out in the Complaints filed in the panel review 
and the procedural and substantive defenses raised in the panel review.

    Dated: January 12, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6-531 Filed 1-18-06; 8:45 am]
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