[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Notices]
[Pages 61203-61204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2658]


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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 7, 2004 the Extraordinary Challenge Committee (ECC) 
issued its decision in the matter of Pure Magnesium from Canada, 
Secretariat File No. ECC-2003-1904-01USA.

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.

Background Information

    On September 24, 2003, the Office of the United States Trade 
Representative filed a Request for an Extraordinary Challenge Committee 
to review decisions as stated above with the United States Section of 
the NAFTA Secretariat pursuant to Article 1904 of the North American 
Free Trade Agreement. Committee review was requested of the full sunset 
review of the antidumping duty order made by the International Trade 
Administration, respecting Pure Magnesium From Canada. These 
determinations were published in the Federal Register. The NAFTA 
Secretariat assigned Secretariat File Number ECC-2003-1904-01USA to 
this request.

Committee Decision

    The Committee concluded that the panel manifestly exceeded its 
powers by failing to apply the correct standard of review; such action 
materially affected the Panel's decision, but; that the Panel's action 
did not threaten the integrity of the binational panel review process.
    Accordingly the challenge is dismissed and by virtue of section 3 
of NAFTA Annex 1904.13 the challenged panel decision stands affirmed.

[[Page 61204]]

    The Committee Members are hereby discharged from their duties 
effective October 15, 2004.

    Dated: October 12, 2004.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E4-2658 Filed 10-14-04; 8:45 am]
BILLING CODE 3510-GT-P