[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Notices]
[Pages 53548-53549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23111]


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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.

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SUMMARY: On September 5, 2003, the binational panel issued its decision 
in the review of the final results of the injury determination made by 
the International Trade Commission (ITC) respecting Certain Softwood 
Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-07) 
affirmed in part and remanded in part the determination of the 
International Trade Commission. The Commission will return the 
determination on remand within 100 days of the decision or no later 
than December 15, 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

[[Page 53549]]

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 September 5, 2003, the Binational Panel affirmed 
in part and remanded in part the International Trade Commission's final 
injury determination. The following issues were remanded to the 
Commission:
    (1) The Commission's threat of material injury determination is 
hereby remanded and on remand the Commission should consider, in its 
analysis of whether there is a threat of material injury to the 
domestic softwood lumber industry, all of the information and data that 
it considered in its present material injury determination.
    In the course of its analysis, the Commission is also directed to:
    (a) Consider in its threat analysis the potential negative effects 
on the existing development and production efforts of the domestic 
industry, including efforts to develop a derivative or more advanced 
version of the domestic like product.
    (b) Undertake an analysis to distinguish between the contribution 
to threat of injury caused by the dumped and subsidized imports and the 
contribution to threat caused by the domestic industry itself.
    (c) Undertake an analysis to determine whether third country 
imports ``may have such a predominant effect in producing the harm as 
to * * * prevent the [subject] imports from being a material factor'' 
of threat of injury.
    (d) Undertake an analysis to distinguish between the contribution 
to threat of injury caused by the dumped and subsidized imports and the 
contribution to threat caused by engineered wood products.
    (e) Undertake an analysis of the fact that there are constraints on 
domestic production of softwood lumber in order to distinguish between 
the contribution to threat of injury caused by the dumped and 
subsidized imports and the contribution to threat of injury caused by 
the fact that there are insufficient timber supplies in the United 
States; and
    (f) Undertake an analysis to distinguish between the threat of 
injury caused by the dumped and subsidized imports and the potential 
contribution to threat caused by the cyclical nature of the softwood 
lumber industry.
    (2) The Panel remands the Commission's holdings that square-end bed 
frame components and flangestock are part of the single domestic like 
product for the continuum of species that comprise softwood lumber and 
instructs the Commission on remand to consider, based on the existing 
record evidence, all six like product factors to determine whether 
square-end bed frame components and flangestock are part of a continuum 
of softwood lumber products defined as a single domestic like product.
    (3) The Panel remands the Commission's decision to cross-cumulate 
in the context of a threat of material injury determination and 
instructs the Commission to reconsider its interpretation of the 
statute with respect to cross-cumulation in the context of a threat 
determination and, applying the fresh interpretation, reach an 
appropriate conclusion. In revisiting the questions of how to interpret 
and apply the statute, the Commission should consider the relevant 
arguments of the parties and should reach a reasoned conclusion.
    The Commission was directed to report its Determination on Remand 
within one hundred (100) days from the date of this decision or not 
later than December 15, 2003.

    Dated: September 5, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-23111 Filed 9-10-03; 8:45 am]
BILLING CODE 3510-GT-P