[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Notices]
[Page 54622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26854]


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DEPARTMENT OF COMMERCE

North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Notice of binational panel decision.

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SUMMARY: On September 12, 1996 the Binational Panel issued its decision 
in the review of the final antidumping duty administrative review made 
by the Secretaria de Comercio y Fomento Industrial de Mexico (SECOFI) 
respecting Solid and Crystal Polystyrene from the Federal Republic of 
Germany and the United States of America, Secretariat File No. MEX-94-
1904-03. A majority of the Binational Panel affirmed the final 
determination. A copy of the complete Panel decision in Spanish is 
available from the NAFTA Secretariat, and an English translation of the 
majority opinion is also available.

FOR FURTHER INFORMATION CONTACT:
James R. Holbein, United States Secretary, NAFTA Secretariat, Suite 
2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482-
5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade 
Agreement (``Agreement'') establishes a mechanism to replace domestic 
judicial review of final determinations in antidumping and 
countervailing duty cases involving imports from a NAFTA 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, 1994, the Government of the United States, the Government of 
Canada and the Government of Mexico established Rules of Procedure for 
Article 1904 Binational Panel Reviews (``Rules''). These Rules were 
published in the Federal Register on February 23, 1994 (59 FR 8686). 
The Binational Panel review in this matter was conducted in accordance 
with these Rules.

Background

    On December 9, 1994 Muehlstein International, Ltd. filed a First 
Request for Panel Review with the Mexican Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. Panel review was requested of the final antidumping 
determination that was published in the Diario Oficial on November 11, 
1994. Briefs were filed by all participants and oral argument was held 
in accordance with the Rules.

Panel Decision

    In its September 12 decision, the Binational Panel majority 
affirmed the final determination in all respects. One panelist wrote a 
concurring opinion agreeing in the result but differing in several 
areas from the majority's reasoning. One panelist dissented completely 
from the majority opinion.

    Dated: September 26, 1996.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 96-26854 Filed 10-18-96; 8:45 am]
BILLING CODE 3510-GT-M