[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 42004-42005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18016]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium from Canada: NAFTA Panel Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of NAFTA Panel decision.

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SUMMARY: On April 28, 2003, the North American Free Trade Agreement 
(``NAFTA'') Panel remanded an affirmative determination by the 
Department of Commerce (the ``Department'') in the sunset review of the 
antidumping duty order on pure magnesium from Canada. See Pure 
Magnesium from Canada, Secretariat File No. USA-CDA-00-1904-06, as 
modified by the NAFTA Panel's June 24, 2003 Order\1\ (``Pure Magnesium 
from Canada, Third Remand''). Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (Federal 
Circuit) in Timken Co. V. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken), the Department is notifying the public that Pure Magnesium 
from Canada, Third Remand and the NAFTA Panel's earlier opinions in 
this case, discussed below, were ``not in harmony'' with the 
Department's original results.
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    \1\ See Pure Magnesium from Canada, Secretariat File No. USA-
CDA-00-1904-06 (June 24, 2003).

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EFFECTIVE DATE: July 16, 2003.

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Kelly Parkhill, 
Office of Policy, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202) 482-3791, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 5, 2000, the Department published a notice of the final 
results of the sunset review of the antidumping duty order on pure 
magnesium from Canada. See Pure Magnesium From Canada; Final Results of 
Full Sunset Review, 65 FR 41436, July 5, 2000.

[[Page 42005]]

 Subsequent to the Department's Final Results, respondents filed a 
complaint before the NAFTA Panel challenging these results. Thereafter, 
the NAFTA Panel issued an Order and Opinion dated March 27, 2002. See 
Pure Magnesium from Canada, Secretariat File No. USA-CDA-00-1904-06, 
(``First Remand''). On May 28, 2002, the Department released final 
results of determination pursuant to NAFTA Panel remand of the sunset 
review of the antidumping duty order on pure magnesium from Canada. On 
October 15, 2002, the NAFTA Panel issued its second remand 
redetermination in the Canadian magnesium antidumping order sunset case 
concerning two issues. See Decision of the Panel Concerning the Remand 
Determination by the Department of Commerce, Pure Magnesium From 
Canada, File USA-CDA-00-1904-07 (Oct. 15, 2002), at 3, (``Second 
Remand''). On January 28, 2003, the Department's filed its second 
redetermination on remand with the NAFTA Secretariat. On April 28, 
2003, the NAFTA Panel remanded an affirmative determination by the 
Department with instructions to revoke the antidumping order on pure 
magnesium from Canada. On June 24, 2003, the NAFTA Panel modified the 
Panel's Decision and Order issued on April 28, 2003.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT 
decision which is ``not in harmony'' with the Department's results. 
Timken, 893 F.2d at 340. Because NAFTA panels step into the shoes of 
the courts they are replacing, they must apply the law of the national 
court that would otherwise review the administrative determination. 
Therefore, we are publishing notice that the NAFTA Panel's decision in 
Pure Magnesium from Canada, Third Remand is ``not in harmony'' with the 
Department's sunset results. Publication of this notice fulfills the 
obligation imposed upon the Department by the decision in Timken. In 
addition, this notice will serve to continue the suspension of 
liquidation. If an Extraordinary Challenge Committee panel request 
(``ECC panel request'') is not filed, or if an ECC panel request is 
filed, and the NAFTA panel's decision is upheld, the Department will 
publish amended final sunset review results revoking the antidumping 
order on pure magnesium from Canada.

    Dated: July 10, 2003.
Jeffrey A. May,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-18016 Filed 7-15-03; 8:45 am]
BILLING CODE 3510-DS-S