[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Notices]
[Pages 66383-66384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27708]


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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 October 15, 2002 the NAFTA Panel issued its decision in the 
matter of Pure and Alloy Magnesium from Canada, 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 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 41436). The request was 
assigned File No. USA-CDA-00-1904-07.
    Panel Decision: The Panel affirmed the remand determination in part 
and remanded in part. The panel specifically instructed the DOC on 
remand to determine whether Magcorp had shown ``good cause'' for DOC to 
consider Magcorp's allegations of newly provided counteravailable 
subsidies made to Magnola pursuant to section 752(b)(2)(B) of the 
statute, 19 U.S.C. 1675a(b)(2)(B). The panel affirmed the DOC on this 
issue. The panel also remands the matter to DOC with instructions to 
amend its determination

[[Page 66384]]

by removing the reporting of an all others subsidy rate.
    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 forty-five (45) days of 
the date of the Order (not later than November 29, 2002).

    Dated: October 17, 2002.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 02-27708 Filed 10-30-02; 8:45 am]
BILLING CODE 3510-GT-M