North American Free-Trade Agreement, Article 1904 Binational Panel Reviews, 68860 [E7-23686]

Download as PDF mstockstill on PROD1PC66 with NOTICES 68860 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices 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: The panel remanded the International Trade Administration’s final determination respecting Carbon and Certain Alloy Steel Wire Rod from Canada with a partial dissenting opinion and a further dissent. The panel remanded the opinion as follows: 1. On the issue of the permissibility of zeroing, the Panel remands this matter back to Commerce to re-calculate Mittal’s dumping margins without zeroing. 2. On the issue of the significance of the actual cost increases, the Panel remands the question of the significance of the cost increase back to Commerce for a reasoned explanation of its decision, based on the record and corrected for any errors in calculation of costs that may have been made in the original decision. At a minimum, the revised determination should include a description of the criteria that Commerce applied and an explanation of how Commerce decided on the significance or lack thereof of the cost increases in this case. 3. On the issue of the consistency of the cost increases between the two cost periods proposed by Mittal, this Panel remands this matter back to Commerce to clarify what is its test for consistent cost increases in this case, to explain why that test is reasonable and to provide a reasoned explanation of whether Mittal’s costs met that test in this case. 4. On the issue of the linkage between changes in costs and prices, this Panel also remands this matter back to Commerce to provide a reasoned description and explanation of its linkage test, to apply that test to the costs and prices in this case, and to VerDate Aug<31>2005 18:57 Dec 05, 2007 Jkt 214001 provide a reasoned explanation of whether Mittal has actually met this linkage test in its proposed cost periods in this case. Commerce is further directed to issue its Final Re-determination on Remand within forty-five days from the date of this Panel Decision or by January 14, 2008. Dated: December 3, 2007. Caratina L. Alston, U.S. Secretary, NAFTA Secretariat. [FR Doc. E7–23684 Filed 12–5–07; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of First Request for Panel Review. AGENCY: SUMMARY: On November 21, 2007, The United States Steel Corporation (‘‘U.S. Steel’’) 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. Panel review was requested of the Final Determination of the Antidumping Duty Review made by the International Trade Commission, respecting Certain Welded Large Diameter Line Pipe from Mexico. This determination was published in the Federal Register (72 FR 59551) on October 22, 2007. The NAFTA Secretariat has assigned Case Number USA–MEX–2007–1904–03 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 November 6, 2007, requesting panel review of the Notice of Final Antidumping Changed Circumstances Review 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 December 21, 2007); (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 January 7, 2008); 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: December 3, 2007. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E7–23686 Filed 12–5–07; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE16 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Notices]
[Page 68860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23686]


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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 First Request for Panel Review.

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SUMMARY: On November 21, 2007, The United States Steel Corporation 
(``U.S. Steel'') 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. Panel review was requested of the 
Final Determination of the Antidumping Duty Review made by the 
International Trade Commission, respecting Certain Welded Large 
Diameter Line Pipe from Mexico. This determination was published in the 
Federal Register (72 FR 59551) on October 22, 2007. The NAFTA 
Secretariat has assigned Case Number USA-MEX-2007-1904-03 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 bi-national 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 November 6, 2007, requesting panel review of the Notice 
of Final Antidumping Changed Circumstances Review 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 December 21, 
2007);
    (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 January 7, 
2008); 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: December 3, 2007.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E7-23686 Filed 12-5-07; 8:45 am]
BILLING CODE 3510-GT-P