[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Page 1439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-509]


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DEPARTMENT OF COMMERCE

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

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

ACTION: Notice of decision of Binational Panel.

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SUMMARY: On December 16, 1996, the Binational Panel issued its decision 
in the matter of Fresh Cut Flowers from Mexico, Secretariat File No. 
USA-95-1904-05.

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 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 panel review in this matter was conducted in accordance with these 
Rules.

Background Information

    On October 26, 1995, Rancho El Aguaje, Rancho El Toro and Rancho 
Guacatay filed a First Request for Panel Review with the U.S. Section 
of the NAFTA Secretariat pursuant to Article 1904 of the North American 
Free Trade Agreement. Panel review was requested of the Final Results 
of Antidumping Duty Administrative Review made by the International 
Trade Administration respecting Fresh Cut Flowers from Mexico. This 
determination was published in the Federal Register on September 26, 
1995 (60 FR 49569). The request was assigned File No. USA-95-1904-05.

Panel Decision

    The Panel decided that the Department properly determined that the 
Complainants provided misleading and evasive statements concerning 
their respective tax statuses and that the Department properly invoked 
BIA given the substantial evidence on the record in this action. 
However, the first-tier BIA rate imposed by the Department was not 
justified by substantial evidence on the record and was not otherwise 
in accordance with law. Based upon the substantial evidence on the 
record, the Panel remanded the action with instructions to assign a 
second-tier rate of 18.20 percent, which is taken from the Department's 
original investigation and takes into account the substantial 
cooperation provided by the Ranches.
    The Panel ordered the Department to issue a determination on remand 
consistent with the instructions and findings set forth in the Panel's 
decision. The determination on remand shall be issued within forty-five 
(45) days of the date of the Order (not later than January 30, 1997).

    Dated: December 18, 1996.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 97-509 Filed 1-9-97; 8:45 am]
BILLING CODE 3510-GT-M