[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Notices]
[Page 71269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34090]


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DEPARTMENT OF COMMERCE

International Trade Administration,


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 Decision of Panel.

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SUMMARY: On December 4, 1998 the binational panel issued its decision 
in the review of the final antidumping determination made by the U.S. 
International Trade Administration, in the matter of Gray Portland 
Cement and Clinker from Mexico, NAFTA Secretariat File Number USA-97-
1904-02. The panel affirmed the final determination in all respects 
with one panelist concurring in part and dissenting in part. Copies of 
the panel decision are available from the U.S. Section of the NAFTA 
Secretariat.

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 has been conducted in accordance with 
these Rules.

BACKGROUND: On May 8, 1997, Cemex, S.A. de C.V. 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. 
The panel reviewed the complaints, briefs and other documents and heard 
oral argument in this matter.

PANEL DECISION: The panel affirmed the final determination of the 
International Trade Administration on all issues raised by the 
complainants in their briefs. One panelist wrote a separate opinion 
concurring in part and dissenting in part in the panel's final 
decision.

    Dated: December 11, 1998.
James R. Holbein,
U.S. Secretary.
[FR Doc. 98-34090 Filed 12-23-98; 8:45 am]
BILLING CODE 3510-GT-P