[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]



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.

James R. Holbein, United States Secretary, Binational Secretariat, 
suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 

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.


    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; 
    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 

    Dated: January 18, 1994.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-1774 Filed 1-26-94; 8:45 am]