[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Notices]
[Page 50123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21250]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement, Article 1904; NAFTA Panel 
Reviews; Notice of Panel Decision

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

ACTION: Notice of panel decision.

-----------------------------------------------------------------------

SUMMARY: On August 13, 2003, the binational panel issued its decision 
in the review of the final results of the countervailing duty 
determination made by the International Trade Administration (ITA) 
respecting Certain Softwood Lumber Products from Canada (Secretariat 
File No. USA-CDA-2002-1904-03) affirmed in part and remanded in part 
the determination of the Department of Commerce. The Department will 
return the determination on remand no later than October 14, 2003. A 
copy of the complete panel decision is available from 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 the other 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).
    Panel Decision: On August 13, 2003, the Binational Panel affirmed 
in part and remanded in part the Department of Commerce's final 
antidumping duty determination. The following issues were remanded to 
the Department:
    1. To determine the adequacy of remuneration, and therefore 
benefit, based upon cross-border benchmarks. To make a new 
determination as to whether there is a benefit using a standard other 
than cross-border benchmarks.
    2. To reconsider the matter of excluding reprocessed Maritimes-
origin lumber in light of the Panel's opinion.
    3. The Panel vacates the Department's rejection of an exclusion for 
used railroad ties and remands for reconsideration in light of the 
Panel's opinion.
    4. Commerce failed to properly apply its own ``input source'' 
criterion by failing to grant applications submitted by all companies 
that relied on the source of their lumber as a basis for exclusion. The 
Panel remanded this issue to Commerce for consideration of those 
additional companies whose applications were based on input source.
    5. The Panel remands the issue of the inclusion of residual 
products in the denominator of the subsidy calculation to the 
Department for further consideration.
    Commerce was directed to issue it's determination on remand within 
60 days of the issuance of the decision or not later than October 14, 
2003.

    Dated: August 14, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-21250 Filed 8-19-03; 8:45 am]
BILLING CODE 3510-GT-P