[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Notices]
[Pages 13169-13170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5358]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA 
Panel Reviews; Decision of the Panel

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

ACTION: Notice of decision of NAFTA Panel.

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SUMMARY: On March 10, 2005, the NAFTA Panel issued its decision in the 
matter of Certain Durum Wheat and Hard Red Spring Wheat CVD 
determination from Canada, Secretariat File No. USA-CDA-2003-1904-05.

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 antidumpting and 
countervailing duty cases involving imports from a NAFTA country with 
review by independent binational panels. When a Request for

[[Page 13170]]

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 antidumpting 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 October 3, 2003, the Government of 
Canada 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. Second requests were filed on behalf of 
the Canadian Wheat Board, the Government of Saskatchewan, and the 
Government of Alberta, respectively. Panel review was requested of the 
final affirmative Countervailing Duty determination made by the United 
States Department of Commerce, International Trade Administration, 
respecting Certain Durum Wheat and Hard Red Spring Wheat from Canada. 
This determination was published in the Federal Register, (68 FR 52747) 
on September 5, 2003. The NAFTA Secretariat assigned Case Number USA-
CDA-2003-1904-05 to this request.
    Panel Decision: The Panel affirmed in part and remanded in part. 
The panel determined that:
    (1) The Commission's findings and determinations concerning the 
comprehensive financial risk coverage program are not in accordance 
with law and remanded this issue to the Commission for action 
consistent with its opinion;
    (2) The Panel upheld the Commission's findings and determinations 
concerning the provision of government-owned and leased railcars in all 
respects and dismiss the appeal on this issue.
    The Panel ordered the Commission to issue a determination on remand 
consistent with the instructions set forth in the Panel's decision 
within 90 days of the decision or not later than June 8, 2005.

    Dated: March 14, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-5358 Filed 3-17-05; 8:45 am]
BILLING CODE 3510-GT-M