[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Notices]
[Pages 16905-16906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7577]


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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

[[Page 16906]]

Administration, Department of Commerce.

ACTION: Notice of decision of panel.

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SUMMARY: On March 20, 2001 the binational panel issued its decision in 
the review of the final antidumping duty determination made by the 
International Trade Administration, respecting Corrosion-Resistant 
Carbon Steel Flat Products from Canada, NAFTA Secretariat File Number 
USA-CDA-98-1904-01. The majority remanded the determination to the 
Investigating Authority with the following instructions: (1) DOC is 
required to recalculate Stelco's costs of production, taking account of 
the year-end return of profits by Baycoat to Stelco. The Panel requires 
DOC to provide the Panel with the method by which DOC recalculates that 
cost of production in light of such return of profits. The Panel 
further requires that DOC explain their methodology in light of the 
statutory requirements and attendant legislation as interpreted by the 
Panel; (2) DOC is required to reevaluate the application of 19 U.S.C. 
1677 (b)(f)(3) in light of the requirement that DOC adjust the transfer 
price in accordance with the recalculation set out under (1) 
immediately above; (3) In its Response Brief, DOC requests a remand to 
correct any errors on the imputed credit expense and payment date 
issues, in light of Stelco's complaint. The Panel grants DOC's request 
and so remands; and (4) DOC is required to provide the Panel with its 
response to the aforementioned remand instructions within sixty (60) 
days from the date of this remand. One Panelist concurred in part and 
dissented in part to the majority opinion. The dissenting Panelist 
rejects Stelco's challenge to DOC's construction of the applicable 
statutes and to its findings of facts. In all other respects, he 
concurred in the remand. Copies of the panel decision are available 
from the U.S. Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, 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.

Panel Decision

    The panel remanded the final determination of the International 
Trade Administration with instructions listed above. The determination 
on remand is due on May 21, 2001.

    Dated: March 22, 2001.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 01-7577 Filed 3-27-01; 8:45 am]
BILLING CODE 3510-GT-P