[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Notices]
[Page 4093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1617]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Request for Panel Review

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

ACTION: Notice of first request for panel review.

-----------------------------------------------------------------------

SUMMARY: On January 18, 2005, the Canadian Lumber Remanufacturer's 
Alliance (``CLRA'') and its individual members filed a First Request 
for Panel Review with the United States Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. A second, third, fourth and fifth Request for Panel Review 
was filed on January 19, 2005 on behalf of the Canfor Corporation and 
its affiliates Lakeland Mills Ltd. and the Pas Lumber Company Ltd. 
(collectively ``Canfor''); Terminal Forest Products Ltd. 
(``Terminal''); and on behalf of the Government of Canada, the 
Governments of the Provinces of Alberta, British Columbia, Manitoba, 
Ontario, and Saskatchewan, the Gouvernement du Quebec, the Governments 
of the Northwest Territories and the Yukon Territory, the British 
Columbia Lumber Trade Council and its constituent associations (the 
Coast Forest & Lumber Association and the Council of Forest 
Industries), the Ontario Forest Industries Association, the Ontario 
Lumber Manufacturers Association, Quebec Lumber Manufacturers 
Association; Apex Forest Products Inc., Aspen Planers Ltd., Buchanan 
Lumber Sales, Inc. and the Buchanan affiliated mills, exporters and 
importers (including Atikokan Forest Products Ltd., Buchanan Forest 
Products Ltd., Buchanan Northern Hardwoods Inc., Dubreuil Forest 
Products Limited, Great West Timber Limited, Long Lake Forest Products 
Inc., McKenzie Forest Products Inc., Nakina Forest Products Limited, 
Northern Sawmills Inc., Northern Wood, and Solid Wood Products Inc.), 
Devlin Timber (1992) Ltd., Downie Timber Ltd., Federated Co-operative 
Limited, Gorman Bros. Lumber Ltd., Haida Forest Products Ltd., Kenora 
Forest Products Ltd., Lecours Lumber Co. Limited, Liskeard Lumber 
Limited, Manitou Forest Products Ltd., Manning Diversified Forest 
Products Ltd., Midway Lumber Mills Ltd., Mill & Timber Products Ltd., 
Nickel Lake Lumber, North Enderby Timber Ltd., Olav Haavaldsrud Timber 
Company Limited, Pastway Planing Limited, R. Fryer Forest Products 
Limited, Selkirk Specialty Wood Ltd., Tembec Inc., Tyee Timber Products 
Ltd., and West Hastings Lumber Products (hereafter, ``the Parties''), 
respectively. Panel review was requested of the final results of 
countervailing duty administrative review and rescission of certain 
company-specific reviews made by the United States Department of 
Commerce, International Trade Administration, respecting Certain 
Softwood Lumber Products from Canada. This determination was published 
in the Federal Register, (69 FR 75917) on December 20, 2004. The 
determination was amended by Notice of Correction to Final Results on 
December 27, 2004 , 69 Federal Register 77220. The NAFTA Secretariat 
has assigned Case Number USA-CDA-2005-1904-01 to this request.

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).
    A first Request for Panel Review was filed with the United States 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on January 18, 2005, requesting panel review of the final 
determination described above.
    The Rules provide that:
    (a) A Party or interested person may challenge the final 
determination in whole or in part by filing a Complaint in accordance 
with Rule 39 within 30 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is February 17, 
2005);
    (b) A Party, investigating authority or interested person that does 
not file a Complaint but that intends to appear in support of any 
reviewable portion of the final determination may participate in the 
panel review by filing a Notice of Appearance in accordance with Rule 
40 within 45 days after the filing of the first Request for Panel 
Review (the deadline for filing a Notice of Appearance is March 4, 
2005); and
    (c) The panel review shall be limited to the allegations of error 
of fact or law, including the jurisdiction of the investigating 
authority, that are set out in the Complaints filed in the panel review 
and the procedural and substantive defenses raised in the panel review.

    Dated: January 25, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-1617 Filed 1-27-05; 8:45 am]
BILLING CODE 3510-GT-P