[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: 94-1775]
[[Page Unknown]]
[Federal Register: January 27, 1994]
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DEPARTMENT OF COMMERCE
United States-Canada Free-Trade Agreement, Article 1904
Binational Panel Reviews: Notice of Completion of Panel Review
AGENCY: United States-Canada Free-Trade Agreement, Binational
Secretariat, United States Section, International Trade Administration,
Department of Commerce.
ACTION: Notice of completion of Panel Review of the final affirmative
determination made by the U.S. Department of Commerce, International
Trade Administration, Import Administration, in an affirmative
countervailing duty determination respecting Pure and Alloy Magnesium
from Canada, Secretariat File No. USA-92-1904-03.
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SUMMARY: Pursuant to the Memorandum Opinion and Order of the Binational
Panel dated December 14, 1993, affirming the determination on remand,
the Panel Review of the final determination described above was
completed on January 14, 1994.
FOR FURTHER INFORMATION CONTACT:
James R. Holbein, United States Secretary, Binational Secretariat,
suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202)
482-5438.
SUPPLEMENTARY INFORMATION: On August 16, 1993, the Binational Panel
issued a decision which affirmed in part and remanded in part the final
affirmative countervailing duty determination of the United States
Department of Commerce, International Trade Administration (``ITA'')
concerning Pure and Alloy Magnesium from Canada. The panel remanded the
ITA's determination in two respects:
(1) For the ITA to explain why, in determining the specificity of
the SDI program subsidy, the ITA conducted its ``disproportionality''
analysis on an enterprise-by-enterprise basis rather than on an
industry-by-industry basis; and
(2) For the ITA to explain why its use of Internal Revenue Service
(IRS) depreciation tables for the useful life of equipment in the
industry accurately reflects the commercial and competitive benefits
received by Norsk Hydro Canada from grants it received for the purchase
of pollution control equipment.
The panel instructed ITA to provide its redetermination on remand
within 30 days (by Sepember 16).
The ITA submitted its redetermination on remand on September 15,
1993, which the Panel Affirmed in all respects. The Secretariat was
instructed to issue a Notice of Completion of Panel Review on the 31st
day following the issuance of the Order, if no Request for an
Extraordinary Challenge was filed. No such request was filed.
Therefore, on the basis of the Panel Order and Rule 80 of the Article
1904 Panel Rules, the Panel Review was completed and the panelists
discharged from their duties effective January 14, 1994.
Dated: January 18, 1994.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-1775 Filed 1-26-94; 8:45 am]
BILLING CODE 3510-GT-M