[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60692-60693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17126]


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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 October 6, 2006, the binational panel issued its decision 
in the full sunset review of the antidumping and countervailing duty 
determination made by the International Trade Commission, respecting 
Magnesium from Canada, Secretariat File No. USA-CDA-2000-1904-09. The 
binational panel affirmed the International Trade Commission 
determination with two dissenting opinions. 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:
    The majority opinion stated that ``While the Panel had some 
reasonable concerns about the evidence supporting the Commission's 
price underselling finding, the totality of the Commission's 
determination, including its alternative price depression finding, is 
reasonable, made in accordance with law, and supported by substantial 
evidence on the record as a whole. Therefore, the second determination 
on remand is hereby AFFIRMED''.
    The minority opinion stated ``Having reviewed the Commission Second 
Remand Determination, the briefs,

[[Page 60693]]

substantial parts of the Record and the views of the majority, we hold 
unlawful the Commission's findings as they are unsupported by 
substantial evidence on the record''.
    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: October 10, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E6-17126 Filed 10-13-06; 8:45 am]
BILLING CODE 3510-GT-P