[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Page 16091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8169]


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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 and Alloy Magnesium from Canada, Full Sunset 
Reviews of Countervailing Duty Orders, Secretariat File No. USA-CDA-00-
1904-07.

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 Full Sunset Reviews 
of CVD orders made by the International Trade Administration respecting 
Pure Magnesium and Alloy Magnesium from Canada. This determination was 
published in the Federal Register on July 5, 2000 (65 FR 41,444). The 
request was assigned File No. USA-CDA-00-1904-07.

Panel Decision

    The Panel remanded this matter back to the Department to reconsider 
(i) the determination to utilize the results of the sixth review as the 
subsidy rate to be reported to the ITC; (ii) the basis for the all 
others rate; and (iii) the reasons for the failure to investigate 
subsidies alleged to have been received by Magnola.
    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. 02-8169 Filed 4-3-02; 8:45 am]
BILLING CODE 3510-GT-P