[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Notices]
[Page 7740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2073]


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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 February 8, 2006, the binational panel issued its decision 
in the review of the final determination made by the International 
Trade Administration, respecting Oil Country Tubular Goods from Mexico 
Final Results of Sunset Review of Antidumping Duty Order, Secretariat 
File No. USA-MEX-2001-1904-03. The binational panel remanded the 
redetermination on remand 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 concluded and ordered the Department as 
follows:
    The Department is directed to determine whether the decrease in the 
magnitude of TAMSA's foreign currency denominated debt in the sunset 
review period outweighs the ``likelihood'' presumption that results 
from the decrease in TAMSA's post-order exports.
    If the Department determines that the lower level of TAMSA's 
foreign currency denominated debt does not outweigh the ``likelihood'' 
presumption that results from the decrease in TAMSA's post-order 
exports, the Department is directed to explain the reasons leading to 
its determination.
    If the Department determines that the lower level of TAMSA's 
foreign currency denominated debt in fact outweighs the ``likelihood'' 
presumption that results from the decrease in TAMSA's post-order 
exports, the Department is directed to enter a finding of no likelihood 
of continuation or recurrence of dumping.
    The Department is further directed to issue its Final 
Redetermination on Remand within twenty days from the date of this 
Panel Decision.
    The Department was directed to report the results of its remand 
decision within 20 days of the date of the opinion, or not later than 
February 28, 2006.

    Dated: February 8, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E6-2073 Filed 2-13-06; 8:45 am]
BILLING CODE 3510-GT-P