[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Notices]
[Page 742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-284]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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DEPARTMENT OF COMMERCE
 

United States-Canada Free-Trade Agreement, Article 1904 
Binational Panel Reviews: Stay of Panel Reviews

AGENCY: United States-Canada Free-Trade Agreement, Binational 
Secretariat, United States Section, International Trade Administration, 
Department of Commerce.

ACTION: Notice of stay of panel reviews of the final determination made 
by the International Trade Administration respecting certain cold-
rolled carbon steel flat products from Canada (USA-93-1904-01) and 
certain hot-rolled carbon steel flat products from Canada (USA-93-1904-
02).

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SUMMARY: This notice is effective December 23, 1993.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States 
Secretary, Binational Secretariat, suite 2061, 14th and Constitution 
Avenue, Washington, DC 20230, (202) 482-5438.

Background

    The panel issued an order and memorandum on December 23, 1993, as 
follows: ``These are appeals from two affirmative final dumping 
determinations issued by the International Trade Administration of the 
Department of Commerce (ITA) involving, respectively, cold-and-hot 
rolled carbon steel flat products imported into the United States from 
Canada. The International Trade Commission (ITC) rendered final 
negative determinations in both cases on the issue of material injury; 
these negative injury determinations have been appealed to the Court of 
International Trade (CIT).
    The ITA has moved in each case to stay the proceedings before this 
panel pending final resolution of the injury question now before the 
CIT. The ITA argues that until such final judicial action an 
unconstitutional exercise of power for this panel to proceed. Four 
complaining parties in each case (respondents below) support the 
issuance of the requested stay. The complaining U.S. domestic interests 
(who also appeal here, claiming that the dumping margins found by ITA 
are too low) have taken no position on the ITA motion. The Government 
of Canada takes no position on the ITA motion in No. 01 and consent to 
issuance of a stay in No. 02 but does not endorse the ITA's 
constitutional argument in either case.
    In the cold-rolled case (No. 01), a fifth complaining respondent, 
Sidbec-Dosco, Inc. (SDI), opposes the ITA motion and itself moves for a 
stay, which it would seek to have lifted in the event the CIT remands 
the injury issue to the ITC for further proceedings. SDI regards the 
Panel as having power to go forward with this proceeding, whether or 
not there has been a final resolution of the injury question elsewhere.
    At the present juncture, no party contends either that we cannot or 
should not grant a stay. It is evident that if the ITC's negative 
determination is affirmed by the courts any effort expended here will 
have been wasted. We agree with all the parties who have addressed the 
point that, in these circumstances, considerations of economy and 
efficiency should predominate. We do not regard the procedural 
timetable laid down in the Free Trade Agreement and the implementing 
measures as a jurisdictional limitation. Accordingly, we grant a stay 
in each case, subject to further consideration on motion by any party 
or by the Panel if and when circumstances warrant, and terminating in 
each case at the latest upon the conclusion of the proceedings for 
review of the corresponding injury determination. In staying these 
proceedings, we express no opinion as to the merits of the 
constitutional argument advanced by ITA. Leave is granted to any party 
to move later to lift the stay if and when they regard the 
circumstances as propitious.

    Dated: December 30, 1993.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-284 Filed 1-5-94; 8:45 am]
BILLING CODE 3510-GT-M