[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Page 32577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2842]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews

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

ACTION: Notice of decision of panel.

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SUMMARY: On May 26, 2005 the binational panel issued its decision in 
the review of the final antidumping administrative review made by the 
International Trade Administration, respecting Gray Portland Cement and 
Clinker from Mexico, NAFTA Secretariat File Number USA-MEX-98-1904-02. 
The binational panel affirmed in part and remanded in part the 
International Trade Administration's determination. Copies of the panel 
decision are available from the U.S. Section of 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 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 has been conducted in accordance with 
these Rules.
    Panel Decision: The panel affirmed in part and remanded in part the 
International Trade Administration's determination respecting Gray 
Portland Cement and Clinker from Mexico. The panel remanded on the 
following issues:
    1. That the Department of Commerce reconsider, in view of the 
changed methodology adopted in the remand determination in the Seventh 
Review, whether CEMEX's home market sales of Type V cement sold as Type 
II and Type V cement produced at the Hermosillo plants were outside the 
ordinary course of trade, and support whatever conclusion is reach with 
adequate reasoning based on substantial evidence in the record;
    2. Further analyze and explain the plant efficiency issues in the 
calculation of the DIFMER adjustment in accordance with this opinion; 
and
    3. Reclassify certain sales in accordance with the decision of the 
Court of Appeals for the Federal Circuit in AK Steel v. United States.
    Commerce was directed to issue it's determination on remand within 
60 days of the issuance of the panel decision or not later than July 
25, 2005.
    The Department's decision in the final results of the Sixth 
Administrative Review was, in all other respects upheld.

    Dated: May 26, 2005.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E5-2842 Filed 6-2-05; 8:45 am]
BILLING CODE 3510-GT-P