[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Page 34849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17110]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement, Article 1904 Binational 
Panel Reviews

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

ACTION: Notice of decision of binational panel and notice of completion 
of panel review.

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

SUMMARY: Pursuant to the third panel decision issued on April 13, 1998 
that affirmed SECOFI's second Determination on Remand, the binational 
panel review in Secretariat File No. MEX-94-1904-01 was completed on 
May 25, 1998.

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

Background and Final Decision

    The panel in Secretariat File No. 94-1904-01 was convened to review 
the final antidumping duty determination made by the Secretaria de 
Comercio y Fomento Industrial (SECOFI) with respect to Imports of Cut-
to-Length Plate, Covered by Customs Tariff Classifications 7208.32.01, 
7208.33.01 7208.42.01 and 7208.43.01 of the Tariff Schedule of the 
General Tax Import Law, Originating in and Exported from the United 
States of America.
    On September 15, 1997 the Panel issued a decision affirming in part 
and remanding in part the first Remand Determination of SECOFI for 
further action. On January 13, 1998 SECOFI submitted its second Remand 
Determination, which was challenged on February 2, 1998 under the Rules 
by New Process Steel Corporation. On April 13, 1998 after review of all 
documents filed in this action on remand, the Panel denied New 
Process's challenge to SECOFI's second Remand Determination dated 
January 13, 1998 and affirmed the second Remand Determination in all 
its parts.
    The Secretariat was instructed to issue a Notice of Completion of 
Panel Review on the 31st day following the issuance of the Notice of 
Final Panel Action, if no Request for an Extraordinary Challenge was 
filed. No such request was filed. Therefore, on the basis of the Panel 
Order and Rule 80 of the Article 1904 Panel Rules, the Panel Review was 
completed and the panelists discharged from their duties effective on 
May 25, 1998.

    Dated: June 4, 1998.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 98-17110 Filed 6-25-98; 8:45 am]
BILLING CODE 3510-GT-M