[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Notices]
[Pages 28840-28841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13947]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews; Request for Panel Review

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

ACTION: Notice of first request for panel review.

-----------------------------------------------------------------------

SUMMARY: On May 16, 1997, Gouvernement du Quebec 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. On 
May 19, 1997 a second request was filed on behalf of Norsk Hydro. Panel 
review was requested of the final countervailing duty Administrative 
review made by the International Trade Administration in the 
administrative review respecting Pure and Alloy Magnesium From Canada: 
Final Results of the Third (1994) Countervailing Duty Administrative 
Review from Canada. This determination was published in the Federal 
Register on April 17, 1997 (62 FR 18749). The NAFTA Secretariat has 
assigned Case Number USA-97-1904-04 to this request.

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

[[Page 28841]]

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 will be conducted in accordance with 
these Rules.
    A first Request for Panel Review was filed with the U.S. Section of 
the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on 
May 16, 1997, requesting panel review of the final countervailing duty 
administrative review described above.
    The Rules provide that:
    (a) A Party or interested person may challenge the final 
determination in whole or in part by filing a Complaint in accordance 
with Rule 39 within 30 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is June 16, 1997);
    (b) A Party, investigating authority or interested person that does 
not file a Complaint but that intends to appear in support of any 
reviewable portion of the final determination may participate in the 
panel review by filing a Notice of Appearance in accordance with Rule 
40 within 45 days after the filing of the first Request for Panel 
Review (the deadline for filing a Notice of Appearance is June 30, 
1997); and
    (c) The panel review shall be limited to the allegations of error 
of fact or law, including the jurisdiction of the investigating 
authority, that are set out in the Complaints filed in the panel review 
and the procedural and substantive defenses raised in the panel review.

    Dated: May 20, 1997.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 97-13947 Filed 5-27-97; 8:45 am]
BILLING CODE 3510-GT-M