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