[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Notices]
[Pages 25068-25069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10149]


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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 April 19, 2004, the binational panel issued its decision in 
the review of the final results of the affirmative injury re-
determination on remand 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 second determination on 
remand no later than May 10, 2004. 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

[[Page 25069]]

Federal Register on February 23, 1994 (59 FR 8686).
    Panel Decision: On April 19, 2004, the Binational Panel affirmed in 
part and remanded in part the International Trade Commission's final 
injury determination on remand. The following issues were remanded to 
the Commission:
    1. The Commission's finding of Canadian producers' excess 
production and projected increases in capacity utilization and 
production, indicating the likelihood of substantially increased 
imports of the subject merchandise into the United States, is not 
supported by substantial evidence.
    2. The Commission's finding that the domestic industry is 
threatened with material injury by reason of a significant rate of 
increase of the volume or market penetration of imports of the volume 
or market penetration of imports of the subject merchandise, indicating 
the likelihood of substantially increased imports into the United 
States, is not supported by substantial evidence.
    3. The Commission's finding that the domestic industry is 
threatened with material injury by reason of the fact that imports of 
the subject merchandise are entering at prices that are likely to have 
a significant depressing or suppressing effect on domestic prices, and 
are likely to increase demand for further imports is not supported by 
substantial evidence.
    4. The Commission's finding that the domestic industry has curbed 
its overproduction of softwood lumber is not supported by substantial 
evidence.
    The Commission was directed to issue it's determination on remand 
within 21 days of the panel decision or not later than May 10, 2004.

    Dated: April 29, 2004.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 04-10149 Filed 5-4-04; 8:45 am]
BILLING CODE 3510-GT-P