[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Notices]
[Page 34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3070]


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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 June 9, 2005, the binational panel issued its decision in 
the review of the final results of the affirmative antidumping duty re-
determination on remand made by the International Trade Administration 
(ITA) respecting Certain Softwood Lumber Products from Canada 
(Secretariat File No. USA-CDA-2002-1904-02) affirmed in part and 
remanded in part the determination of the Department of Commerce. The 
Department will return the re-determination on remand not later than 
July 11, 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 
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 June 9, 2005, the Binational Panel affirmed in 
part and remanded in part the Department of Commerce's final 
antidumping duty determination on remand. The following issues were 
remanded to the Department:
    1. To render a negative less than fair value (LTFV) determination 
with respect to exports by respondent West Fraser Mills, and to revoke 
the antidumping duty order on Softwood Lumber from Canada with respect 
to exports by West Fraser Mills; and it is further ordered that
    2. The Panel remands this case to the Department, with instructions 
for the Department to recalculate the final LTFV margins for 
respondents other than West Fraser without regard to ``zeroing''.
    The Panel affirmed Commerce's amended final LTFV determination with 
respect to all other issues.
    Commerce was directed to issue its determination on remand within 
30 days of the issuance of the panel decision or not later than July 
11, 2005.

    Dated: June 9, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5-3070 Filed 6-14-05; 8:45 am]
BILLING CODE 3510-GT-P