[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Notices]
[Page 61204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2706]


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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 decision of Extraordinary Challenge Committee.

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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, 
NW., 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 of March 27, 2002; October 15, 
2002; April 28, 2003 and June 24, 2003, 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 full sunset 
review of the anti-dumping order made by the International Trade 
Administration, respecting Pure Alloy 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.

    Dated: October 8, 2004.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E4-2706 Filed 10-14-04; 8:45 am]
BILLING CODE 3510-GT-P