[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Page 48103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4411]



[[Page 48103]]

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

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Notice of Completion of the Extraordinary Challenge Committee

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

ACTION: Notice of decision and completion of the Extraordinary 
Challenge Committee.

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

SUMMARY: On August 10, 2005, the Extraordinary Challenge Committee 
(ECC) issued its decision in the matter of Certain Softwood Lumber 
Products from Canada, Secretariat File No. ECC-2004-1904-01USA.

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).
    Background Information: On November 24, 2004, the Office of the 
United States Trade Representative filed a Request for an Extraordinary 
Challenge Committee to review the binational NAFTA Panel decisions of 
September 5, 2003, April 19, 2004 and August 31, 2004 in the matter of 
Certain Softwood Lumber Products from Canada--Final Affirmative Threat 
of Material Injury Determination. These determinations were published 
in the Federal Register. The NAFTA Secretariat assigned Secretariat 
File Number ECC-2004-1904-01USA to this request.
    Committee Decision: (a) The Panel did not manifestly exceed its 
powers, authority or jurisdiction in refusing to permit the Commission 
to reopen the record in preparing its responses, in setting the time 
limits within which the Commission had to respond to Panel Decision II, 
or in ordering the Commission to enter a negative threat determination;
    (b) Except on the issue of export orientation, the Panel did not 
exceed its powers, authority or jurisdiction by failing to apply the 
appropriate standard of review;
    (c) On the issue of export orientation, the Panel's failure to 
apply the appropriate standard of review was not material; and
    (d) The conduct of Panelist Mastriani did not create a reasonable 
apprehension of bias.
    In light of these conclusions (except with regard to the Panel's 
finding of no substantial evidence on the finding on issue export 
orientation), it is not necessary for us to determine whether, if the 
Panel had committed any of the errors alleged, they would have been 
material to the Panel's decision or threatened the integrity of the 
binational panel review process.
    Accordingly, pursuant to NAFTA Annex 1904.13, this challenge is 
denied and the challenged decision of the Panel stands affirmed.
    The Committee Members are hereby discharged from their duties 
effective August 11, 2005.

    Dated: August 10, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E5-4411 Filed 8-15-05; 8:45 am]
BILLING CODE 3510-GT-P