[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Pages 69142-69143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22503]


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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 November 3, 2005, the binational panel issued its decision 
in the review of the final determination made by the International 
Trade Administration, respecting Gray Portland Cement and Clinker from 
Mexico Final Antidumping Duty Administrative Review, Secretariat File 
No. USA-MEX-98-1904-02. The binational panel affirmed in part and 
remanded in part to the International Trade Administration. 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 Panel remands this case to the Department as 
follows:
    1. Reconsider whether, the evidence in the record supports the 
conclusion that, Type V cement sold as Type V and Type II cement was 
not sold in the ordinary course of trade, and provide an explanation 
recognizing the implications of the economic interrelationship of 
issues developed in the Seventh Review Remand Determination, the 
presence or absence of facts on the record regarding promotional 
quality, and the resulting interaction of all of the factors examined 
in the reconsideration;
    2. If, upon reconsideration, a determination is made which alters 
the selection of sales for comparison purposes from that made in the 
original and first remand determination, consider the comparison issues 
raised by the CDC in conformance with the positions taken by the 
majority opinions in the Seventh Review Panel; and
    3. Reconsider the calculation of the DIFMER allowance on the basis 
that any positive DIFMER allowance could be considered adverse to 
CEMEX, that the

[[Page 69143]]

calculation must be a ``reasonably accurate estimate'' of the actual 
rate, that the calculation must be made in a manner that reflects 
differences in physical characteristics, and that the result must, 
while providing a deterrent for non-compliance, not be punitive, and 
provide an adequate explanation of that calculation.
    The Department's decision in the final results of the Sixth 
Administrative Review Remand Determination is, in all other respects, 
upheld.
    The Department was directed to complete its redetermination with 
regard to remand issues within 45 days of the date of the opinion, or 
not later than December 19, 2005.

    Dated: November 3, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-22503 Filed 11-10-05; 8:45 am]
BILLING CODE 3510-GT-P