[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1774]
[[Page Unknown]]
[Federal Register: January 27, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States-Canada Free-Trade Agreement, Article 1904
Binational Panel Reviews; Corrected Notice of Decision of Panel
AGENCY: United States-Canada Free-Trade Agreement, Binational
Secretariat, United States Section, International Trade Administration,
Department of Commerce.
ACTION: Corrections to notice of decision of panel.
-----------------------------------------------------------------------
SUMMARY: On December 14, 1993, the Binational Panel issued its decision
in the review of the Final Affirmative Countervailing Duty
Determination on Remand made by the Department of Commerce,
International Trade Administration, Import Administration, respecting
Pure Magnesium and Alloy Magnesium from Canada, Secretariat File No.
USA-92-1904-03. A copy of the complete panel decision is available from
the Binational Secretariat.
FOR FURTHER INFORMATION CONTACT:
James R. Holbein, United States Secretary, Binational Secretariat,
suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202)
377-5438.
SUPPLEMENTARY INFORMATION: Chapter 19 of the United States-Canada Free-
Trade Agreement (``Agreement'') establishes a mechanism to replace
domestic judicial review of final determinations in antidumping and
countervailing duty cases involving imports from the other 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, 1989, the Government of the United States and the Government
of Canada established Rules of Procedure for Article 1904 Binational
Panel Reviews (``Rules''). These Rules were published in the Federal
Register on December 30, 1988 (53 FR 53212). The Rules were amended by
Amendments to the Rules of Procedure for Article 1904 Binational Panel
Reviews, published in the Federal Register on December 27, 1989 (54 FR
53165). The Rules were further amended and a consolidated version of
the amended Rules was published in the Federal Register on June 15,
1992 (57 FR 26698). The panel review in this matter was conducted in
accordance with these Rules.
Background
On August 16, 1993, the Binational Panel remanded the final
determination to the Department of Commerce for action not inconsistent
with the Panel's decision as follows:
Commerce was asked to reconsider the exercise of its statutory
discretion as to whether its disproportionality analysis should be
conducted on an enterprise or industry basis, and provide the Panel a
cogent explanation why it exercised its discretion in a given manner;
and
Concerning the appropriate allocation period for grants given to
Norsk Hydro for the purchase of pollution control equipment, Commerce
was asked to consider the IRS tables and the producer records, in a
manner that satisfies the standard articulated in the IPSCO case of
``an allocation period which will accurately reflect the commercial and
competitive benefit received by the plaintiffs in this case,'' and to
provide a satisfactory explanation for its reasoning in support of
whatever decision it reaches.
On September 15, 1993, the Department of Commerce issued its
Redetermination on Remand.
Panel Decision
On December 14, 1993, the Panel affirmed the redetermination in all
respects.
Dated: January 18, 1994.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-1774 Filed 1-26-94; 8:45 am]
BILLING CODE 3510-GT-M