[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6433]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-816]

 

Court Decision and Suspension of Liquidation on Certain Softwood 
Lumber Products From Canada

AGENCY: International Trade Administration/Import Administration, 
Department of Commerce.

ACTION: Notice of court decision and suspension of liquidation.

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SUMMARY: On March 7, 1994, the U.S.-Canada Free Trade Agreement (FTA) 
binational panel (the Panel) affirmed the U.S. Department of Commerce's 
(the Department) determination on remand that no subsidies were 
provided on U.S. imports of softwood lumber products from Canada. 
Article 1904.13 of the FTA provides that a government may request a 
review of a Panel decision by an Extraordinary Challenge Committee 
(ECC).
    The Office of the United States Trade Representative (USTR) has 
announced that it will file for an ECC review of the Panel's decision. 
The Department will implement the decision of the ECC.
    In accordance with the U.S. Court of Appeals for the Federal 
Circuit (Federal Circuit) decision in Timken Company v. United this 
proceeding.

EFFECTIVE DATE: March 17, 1994.

FOR FURTHER INFORMATION CONTACT: Joe Kaesshaefer or Kelly Parkhill, 
Office of Countervailing Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 1992, the Department determined that U.S. imports of 
Canadian softwood lumber products are subsidized (57 FR 22570). The 
Commerce decision was appealed under Chapter 19 of the FTA. The Panel 
issued an adverse decision on May 6, 1993, finding that the Department 
had not demonstrated that countervailable subsidies existed, and 
remanded the case to the Department for further deliberations. The 
Department completed a redetermination and on December 17, 1993, the 
Panel issued a second adverse decision, finding that the Department 
still had not supported its determination that countervailable 
subsidies existed. It ordered a second remand, requiring the Department 
to find that there were no subsidies. The Department complied with this 
order, and filed its second redetermination, on January 6, 1994. The 
Panel affirmed this redetermination on February 23, 1994 and issued a 
Notice of Final Panel Action on March 7, 1994. USTR has until April 6, 
1994 to file a request for an ECC review.

Suspension of Liquidation

    In accordance with the Timken decision, the Department must publish 
notice of a decision of the Panel which is not ``in harmony'' with the 
Department's final determination. The Panel's March 7, 1994 decision 
constitutes a decision not in harmony with the Department's affirmative 
subsidy determination. Accordingly, the Department is publishing this 
notice. The Timken decision also held that the Department must suspend 
liquidation pending a ``conclusive'' court decision in the action. 
Therefore, the Department will continue the suspension of liquidation 
of the subject merchandise until the ECC issues a conclusive decision 
in this action. The Department will implement the decision of the ECC.

    Dated: March 15, 1994.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-6433 Filed 3-16-94; 8:45 am]
BILLING CODE 3510-DS-P