[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Pages 16091-16092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8168]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA 
Panel Reviews; Decision of the Panel

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

ACTION: Notice of decision of NAFTA Panel.

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SUMMARY: On March 27, 2002 the NAFTA Panel issued its decision in the 
matter of Pure Magnesium from Canada, Secretariat File No. USA-CDA-00-
1904-06.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, DC 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 August 4, 2000, the Government of 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. 
Panel review was requested of the Final Results of the Full Sunset 
Review made by the International Trade Administration respecting Pure 
Magnesium from Canada. This determination was published in the Federal 
Register on July 5, 2000 (65 FR 41,436). The request was assigned File 
No. USA-CDA-00-1904-06.

Panel Decision

    The Panel remanded this matter back to the Department to reconsider 
(1) the GOC's claims regarding ``good cause'' under the standards set 
forth in Section 752(c)(2) of the statute; and (2) the determination to 
report the investigation rate as the margin of dumping likely to 
prevail if the order is revoked.

[[Page 16092]]

    The Panel ordered the Department to issue a determination on remand 
consistent with the instructions set forth in the Panel's decision. The 
determination on remand shall be issued within sixty (60) days of the 
date of the Order (not later than May 27, 2002).

    Dated: March 29, 2002.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 02-8168 Filed 4-3-02; 8:45 am]
BILLING CODE 3510-61-P