[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Pages 70659-70660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3512]


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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 December 1, 2004, the binational panel issued its decision 
in the review of the final results of the affirmative countervailing 
duty re-determination on remand made by the International Trade 
Administration (ITA) respecting Certain Softwood Lumber Products from 
Canada (Secretariat File No. USA-CDA-2002-1904-03) affirmed in part and 
remanded in part the re-determination of the Department of Commerce. 
The Department will return the determination on remand no later than 
January 24, 2005. 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

[[Page 70660]]

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 December 1, 2004, the Binational Panel remanded 
the Department of Commerce's final countervailing duty determination on 
remand. The following issues were remanded to the Department:
    (1) The Department is directed to reinstate the C$3.46 profit 
figure in computing the log-seller profit in Alberta.
    (2) The Department is directed to include in the Quebec benchmarks 
the volume of logs for which the Syndicate data does not indicate 
prices, or to explain why it should not do so, or why it cannot do so.
    (3) The Department is directed to adjust the Quebec benchmarks by 
deducting log-seller profit from both the import and Syndicate prices.
    (4) The Department is directed to consider the conversion factor to 
be used to convert Syndicate prices in Quebec to cubic meters where the 
data is reported in other forms.
    (5) The Department is directed to include Balsam Fir and Larch in 
the Ontario SPF benchmark.
    (6) The Department is directed to correct the clerical error in the 
import statistics for Ontario which grossly inflated the benchmark.
    (7) The Department is directed to examine the issue of log-seller 
profit in Ontario. If the Department determines that it is appropriate 
to use a surrogate profit figure from some other province, it is 
directed to explain its choice.
    (8) The Department is directed to redetermine the net benefit for 
Ontario.
    (9) The Department is directed to recalculate the British Columbia 
benchmark taking into account actual market conditions in that 
province. In so doing, the Department must perform separate benefit 
calculations for the Coast and for the Interior using data available 
for each region.
    (10) The Department is directed to apply recalculated profit 
figures for Alberta and Quebec in calculating British Columbia stumpage 
benefits.
    (11) The Department is directed to eliminate the import data in the 
surrogate benchmarks for Saskatchewan and Manitoba.
    (12) If the Department's benchmark calculations result in a higher 
benefit for Quebec or Ontario, the Department is directed to exclude 
additional sales that might erroneously be attributed to Bois Omega.
    The Investigating Authority is directed to complete its remand 
determination by January 24, 2005.

    Dated: December 2, 2004.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E4-3512 Filed 12-6-04; 8:45 am]
BILLING CODE 3510-GT-P