[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Notices]
[Page 47487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13594]



[[Page 47487]]

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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 August 11, 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 Antidumping Duty Administrative Review and Determination not to 
Revoke, Secretariat File No. USA-MEX-2001-1904-05. The binational panel 
remanded the determination 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 that the Department acted in an 
arbitrary and capricious fashion when it failed to adequately justify 
its determination that Hylsa did not ship the subject matter goods in 
commercial quantities during the periods of review in question. We 
therefore are remanding the matter to the Department for further 
consideration, in light of the issues raised by the Panel. This is 
necessary because of our decision that the results of the ninth 
administrative review cannot be taken into account by the Department in 
its decision in the fourth review, leaving the commercial quantities 
determination the sole basis for its refusal to revoke the antidumping 
order against Hylsa.
    For the foregoing reasons the Panel orders that this matter be 
remanded to the Department of Commerce to reconsider its determination 
that Hylsa did not ship in commercial quantities consistent with the 
findings of the Panel.
    The Department shall report the results of its remand decision 
within 45 days of the date of the opinion or not later than September 
25, 2006.

    Dated: August 14, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E6-13594 Filed 8-16-06; 8:45 am]
BILLING CODE 3510-GT-P