[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3342]


[[Page Unknown]]

[Federal Register: February 14, 1994]


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DEPARTMENT OF COMMERCE
 

United States-Canada Free-Trade Agreement, Article 1904 
Binational Panel Reviews; Notice of 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: By a decision dated January 28, 1994, the Binational Panel 
reviewing the redetermination on remand of the final affirmative 
material injury determination made by the U.S. International Trade 
Commission respecting Certain Softwood Lumber Products from Canada 
(Secretariat File No. USA-92-1904-02) affirmed in part and remanded in 
part the redetermination to the Commission for further action. 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.

Panel Decision

    On January 28, 1994, the Binational Panel affirmed in part and 
remanded in part the final affirmative injury redetermination made by 
the U.S. International Trade Commission on October 25, 1993.
    The Panel affirmed the Commission's remand determination with 
regard to imports from Quebec.
    The Panel remanded the Commission's redetermination in the 
following respects:
    (1) With respect to the Commission's causation determination, the 
Panel found that the information and analysis regarding the role of SPF 
in the U.S. softwood lumber market, and the regional price and import 
penetration comparisons, do not constitute substantial evidence of 
price suppression by reason of imports of softwood lumber from Canada 
or are not otherwise in accordance with law.
    (2) As to the Commission's price trends analysis, the Panel found 
that the analysis, in its present form, did not contitute substantial 
evidence and is otherwise not in accordance with law.
    The Panel further found that, should the Commission on remand rely 
on price trends data to support an affirmative determination, the 
Commission is to provide a full analysis and explanation of the 
underlying data and the methodology employed in the creation and 
presentation of the price trends analysis.
    The Binational Panel instructed The Commission to provide its 
determination on remand within 45 days of the panel decision (by March 
14, 1994).

    Dated: February 8, 1994.
James R. Holbein,
United States Secretary, FTA Binational Secretariat.
[FR Doc. 94-3342 Filed 2-11-94; 8:45 am]
BILLING CODE 3510-GT-M