[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Page 62563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27862]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA 
Panel Reviews; Decision of the Committee

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

ACTION: Notice of completion of extraordinary challenge.

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SUMMARY: On October 30, 2003 the Extraordinary Challenge Committee 
(ECC) issued its decision in the matter of Gray Portland Cement and 
Clinker from Mexico, Secretariat File No. ECC-2000-1904-01USA.

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.

SUPPLEMENTARY INFORMATION: On March 23, 2000, the Office of the United 
States Trade Representative filed a Request for an Extraordinary 
Challenge Committee to review decisions dated July 18, 1999 and 
November 10, 1999, with the United States Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. Panel review was requested of the final antidumping duty 
administrative review determination made by the International Trade 
Administration, respecting Gray Portland Cement and Clinker from 
Mexico. This determination was published in the Federal Register (65 FR 
9243) on February 24, 2000. The NAFTA Secretariat assigned Secretariat 
File Number ECC-2000-1904-01USA to this request.
    Committee Decision: The Committee concluded that the petitioners 
here, the United States and the STCC, have failed to demonstrate either 
that the Binational Panel ``manifestly exceeded its powers, authority 
or jurisdictions'' or that the Panel's determination on the single 
issue raised in the petition ``threatens the integrity of the 
Binational Panel review process.'' Inasmuch as these criteria have not 
been met, the petition is denied and the June 18, 1999 decision of the 
Binational Panel will not be disturbed.
    The Committee Members are hereby discharged from their duties 
effective October 30, 2003.

    Dated: October 30, 2003.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 03-27862 Filed 11-4-03; 8:45 am]
BILLING CODE 3510-GT-P