[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Notices]
[Page 3469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-655]


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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 January 17, 2006 the binational panel issued its decision 
in the review of the determination on remand made by the International 
Trade Commission, respecting Magnesium from Canada Full Sunset Review 
of AD and CVD Orders, Secretariat File No. USA-CDA-2000-1904-09. The 
binational panel affirmed in part and remanded in part to the 
International Trade Commission. 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 on remand 
respecting Magnesium from Canada. The panel remand in part to the 
Commission and instructed the Commission as follows: Analyze the price, 
volume and impact of revocation of the countervailing duty order on 
alloy magnesium to show how the record supports the Commission's 
conclusions, providing a reasoned explanation based on all of the 
evidence on the record to support a decision that revocation of the 
countervailing duty order on imports of alloy magnesium from Canada 
would be likely to lead to continuation or recurrence of material 
injury to the domestic alloy magnesium industry within the reasonably 
foreseeable future due to underselling by Magnola. The Commission must 
provide further reasoned analysis supported by substantial evidence on 
the record, including any factual evidence not referred to in its Views 
on Remand, as to the conclusion that Magnola would enter the market by 
underselling in order to establish export volumes that would be 
significant in relation to anticipated demand increases. The Commission 
is directed to respond to this Order within sixty (60) days of receipt.

    Dated: January 17, 2006.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
 [FR Doc. E6-655 Filed 1-20-06; 8:45 am]
BILLING CODE 3510-GT-P