[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38882-38883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3551]


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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 June 24, 2005 the binational panel issued its decision in 
the review of the five year review made by the International Trade 
Commission, respecting Gray Portland Cement and Clinker from Mexico, 
NAFTA Secretariat File Number USA-MEX-2000-1904-10. The binational 
panel affirmed in part and remanded in part the International Trade 
Commission'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 Commission's determination respecting Gray Portland 
Cement and Clinker from Mexico. The panel remanded on the following 
issues:
    1. On remand the Commission is to apply the ``probable'' or ``more 
likely than not'' standard announced by the CIT in Siderca when making 
its determination regarding likely volume, likely price effects, and 
likely impact on the industry.
    2. With regard to the likely volume of subject imports if the 
antidumping duty order is revoked, the Commission is to (a) explain how 
it is probable that subject imports would increase if the antidumping 
duty order is revoked, and (b) render a complete analysis of how the 
various third-country antidumping duty orders would affect the likely 
volume of subject imports to the United States.
    3. With regard to the likely price effects of subject imports on 
the industry if the order is revoked, the Commission is to (a) explain 
the price implications of revocation of the antidumping duty order with 
sufficient clarity to show how the record supports the Commission 
findings that revocation of the order would be likely to lead to 
significant negative price effects on the domestic industry, (b) 
explain how revocation of the antidumping duty order would be likely to 
lead to significant price underselling by subject imports of the 
domestic product, and (c) explain how subject imports are likely to 
enter the United States at prices that otherwise would have a 
significant price depressing or suppressing effect on the domestic 
product.
    4. With regard to the likely impact on the domestic industry if the 
antidumping duty order is revoked, the Commission is to (a) explain how 
it reached the conclusion that the order should remain in place in 
order to protect the highly-profitable, regional industry, given the 
continuing solid demand in the region and a substantial increase in 
non-Mexican cement

[[Page 38883]]

imports; (b) explain how it reached the conclusion that the regional 
industry would be likely to suffer material injury, having found that 
the regional industry is not in a vulnerable states; and (c) explain 
how the decreasing market share of the regional industry, due to a 
substantial increase in demand, was not attributed to imports of non-
Mexican cement.
    5. With regard to the Commission's conclusion that the producers of 
all or almost all of the production in the Southern Tier region would 
likely suffer material injury be reason of the dumped imports if the 
order is revoked, the Commission is to (a) explain why producers of all 
or almost all of the production in the Southern Tier region would 
likely be materially injured if the order is revoked, (b) explain what 
percentage of regional production would likely suffer material injury, 
and (c) explain what its aggregate and individual plant analyses 
consisted of and what anomalies, if any, the individual plant analysis 
revealed.
    6. The Commission is to fully evaluate the information concerning 
the proposed Southdown acquisition.
    The Commission was directed to issue it's determination on remand 
within 60 days of the issuance of the panel decision or not later than 
August 23, 2005.
    The Panel affirmed the Commission's determination in all other 
respects.

    Dated: June 30, 2005.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E5-3551 Filed 7-5-05; 8:45 am]
BILLING CODE 3510-GT-P