[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Notices]
[Pages 70581-70582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29811]


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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 November 19, 2002, the binational panel issued its decision 
in the review of the final scope ruling made by the International Trade 
Administration, respecting Circular Welded Non-Alloy Steel Pipe from 
Mexico, NAFTA Secretariat File Number USA-MEX-98-1904-05. The

[[Page 70582]]

majority remanded the determination to the investigating authority with 
the following instructions: (1) Re-evaluate whether the Order applies 
to Galvak's mechanical tubing, giving appropriate weight to the fact 
that the language of the order on its face excludes all mechanical 
tubing, (2) if necessary, explain adequately why the line pipe 
determination's conclusion that the exclusionary clause is based on 
industry classification and not actual end use should not be employed 
in the instant scope determination, and (3) take such other action as 
may be appropriate, not inconsistent with this decision. The panel 
required DOC to provide the determination on remand within 60 calendar 
days (January 6, 2003). 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, 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 has been conducted in accordance with 
these rules.
    Panel Decision: The panel remanded the final scope determination of 
the International Trade Administration respecting Circular Welded Non-
Alloy Steel Pipe from Mexico with instructions as listed above. The 
determination on remand is due on January 20, 2003.

    Dated: November 19, 2002.
Caratina L. Alston,
 U.S. Secretary, NAFTA Secretariat.
[FR Doc. 02-29811 Filed 11-25-02; 8:45 am]
BILLING CODE 3510-GT-P