[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19736-19737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10443]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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

ACTION: Notice of Completion of Panel Review.

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SUMMARY: On April 14, 1997 the Binational Panel completed its review in 
the matter of Fresh Cut Flowers from Mexico, Secretariat File No. USA-
95-1904-05.


[[Page 19737]]


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.
    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. The Panel decided that the Department properly determined 
that the Complainants provided misleading and evasive statements 
concerning their respective tax statutes and that the Department 
properly invoked Best Information Available given the substantial 
evidence on the record in this action. However, the first-tier Best 
Information Available 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 within forty five (45) days of the date of the Order (not 
later than January 30, 1997).
    The determination on remand was filed on January 29, 1997, No 
challenges were filed by the participants within the time provided in 
the NAFTA Article 1904 Panel Rules. On March 3, 1997, the Panel issued 
an order under Rule 73(5) affirming the Determination on Remand and 
instructed the Secretariat to issue a Notice of Final Panel Action 
Under Rule 77. The Notice of Final Panel Action was issued on March 14, 
1997. No Request for an Extraordinary Challenge was filed within 30 
days of the issuance of the Notice of Final Panel Action. Therefore, on 
the basis of the Panel decision and Rule 80 of the NAFTA Article 1904 
Panel Rules, the Panel Review was completed and the panelists were 
discharged from their duties effective April 14, 1997.

    Dated: April 17, 1997.
James. R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 97-10443 Filed 4-22-97; 8:45 am]
BILLING CODE 3510-GT-M