[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2990]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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DEPARTMENT OF COMMERCE
 

United States-Canada Free-Trade Agreement, Article 1904 
Binational Panel Reviews; Decision of Panel

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

ACTION: Notice of decision of panel.

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SUMMARY: On January 27, 1994, a Binational Panel issued its decision in 
the consolidated reviews of the remand of the Final Affirmative 
Material Injury Determination in both the Antidumping Duty 
Investigation and the Countervailing Duty Investigation respecting 
Magnesium from Canada made by the U.S. International Trade Commission. 
These determinations were reviewed by the same panel under Secretariat 
File No. USA-92-1904-05/06 and the decision affected both 
determinations. The Binational Panel affirmed the redetermination in 
all respects. 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) 
482-5438.

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 26, 1992 the U.S. International Trade Commission 
published the Final Affirmative Material Injury Determinations in the 
Antidumping Duty and Countervailing Duty Investigations respecting 
Magnesium from Canada.
    On September 25, 1992, Norsk Hydro Canada, Inc. filed Requests for 
Panel Review with the United States Section of the Binational 
Secretariat pursuant to Article 1904 of the United States-Canada Free-
Trade Agreement. Separate Requests for Panel Review were filed for both 
the antidumping and countervailing duty injury determinations. In 
addition, the Government of Quebec filed Requests for Panel Review in 
this matter.

Panel Decision

    On August 27, 1993, the Binational Panel remanded the final 
determinations to the U.S. International Trade Commission for a 
detailed explanation on certain aspects of the determination.
    The Commission filed a determination on remand on October 27, 1993.
    The Binational Panel affirmed the Commission's determination on 
remand in all requests on January 27, 1994.

    Dated: February 3, 1994.
James R. Holbein,
U.S. Secretary, FTA Binational Secretariat.
[FR Doc. 94-2990 Filed 2-8-94; 8:45 am]
BILLING CODE 3510-DT