[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28501]


[[Page Unknown]]

[Federal Register: November 18, 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: North American Free-Trade Agreement (NAFTA) Secretariat, United 
States Section, International Trade Administration, Department of 
Commerce.

ACTION: Notice of decision of Binational Panel.

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SUMMARY: By a decision dated November 4, 1994, the Binational Panel 
reviewing the final affirmative injury determination made by the U.S. 
International Trade Commission (ITC) respecting Certain Flat-Rolled 
Carbon Steel Products from Canada (Secretariat File No. USA-93-1904-05) 
affirmed the determination of the ITC. A copy of the complete panel 
decision is available from the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, D.C. 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''). The 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). A consolidated version of the amended Rules was published in 
the Federal Register on June 15, 1992 (57 FR 26698). The Rules were 
further amended and published in the Federal Register on February 8, 
1994 (59 FR 5892). The panel review in this matter was conducted in 
accordance with the Rules, as amended.

Background

    On June 30, 1992, a coalition of U.S. steel manufacturers filed a 
petition with the U.S. International Trade Commission and the U.S. 
Department of Commerce alleging that the domestic steel industry was 
materially injured or threatened with injury by reason of dumped 
imports from Canada, among other countries. In August 1992, the 
Commission made preliminary affirmative dumping determinations with 
respect to corrosion-resistant steel products from several countries. 
On September 16, 1993, the Commission determined that a domestic 
industry was materially injured by reason of dumped or subsidized 
imports of corrosion-resistant steel.
    The Commission found that, with respect to corrosion-resistant 
steel, there were two like products: corrosion-resistant clad plate and 
corrosion-resistant steel other than clad plate. A majority of the 
Commission decided that the domestic industry producing corrosion-
resistant clad plate was not materially injured or threatened with 
injury by reason of the subject imports. The Commission further decided 
that the industry producing corrosion-resistant steel other than clad 
plate was materially injured by reason of the subject imports. The 
Panel review addressed only the Commission's determination that the 
domestic industry has been materially injured by reason of imports of 
corrosion-resistant steel flat products, other than clad plate, from 
Canada.

Panel Decision

    On November 4, 1994, the Binational Panel affirmed the final 
affirmative injury determination respecting flat-rolled, corrosion-
resistant carbon steel products from Canada made by the U.S. 
International Trade Commission on September 16, 1993.
    A Notice of Final Panel Action will be issued on the eleventh (11) 
day following the issuance of the decision (November 15, 1994).

    Dated: November 14, 1994.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 94-28501 Filed 11-17-94; 8:45 am]
BILLING CODE 3510-GT-M