[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18499]


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

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, Commerce.

ACTION: Notice of decision of panel.

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

SUMMARY: On September 9, 2005, the binational panel issued its decision 
in the review of the final determination made by the International 
Trade Administration, respecting Alloy Magnesium from Canada Final 
Countervailing Duty Determination, New Shipper Review, Secretariat File 
No. USA-CDA-2003-1904-02. The binational panel affirmed the 
International Trade Administration determination with two dissenting 
opinions and one concurring opinion. 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 the 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 determination is as follows:
    A. With respect to the de facto specificity issue, a majority of 
the panel decided to uphold the Department's Final Determination. 
Chairman Endsley and panelist Holbein wrote the panel opinion, while 
panelist Winham wrote separate concurring views. Panelists Anissimoff 
and LaBarge dissent.
    B. With respect to the AUL calculation issue, the panel unanimously 
upheld the Department's Final Determination.
    C. With respect to the discount rate issue, the panel unanimously 
upheld the Department's Final Determination.
    The panel has directed the Secretary to issue a Notice of Final 
Panel Action on the 11th day following the issuance of the panel 
decision.

    Dated: September 13, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-18499 Filed 9-16-05; 8:45 am]
BILLING CODE 3510-GT-P