[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Notices]
[Pages 68859-68860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23684]


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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 28, 2007 the binational panel issued its decision 
in the review of the 2nd Administrative Review made by the 
International Trade Administration, respecting Carbon and Certain Alloy 
Steel Wire Rod from Canada, Secretariat File No. USA-CDA-2006-1904-04. 
The binational panel remanded a portion of the decision to the Import 
Administration with a partial dissenting opinion and a further dissent. 
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

[[Page 68860]]

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 remanded the International Trade 
Administration's final determination respecting Carbon and Certain 
Alloy Steel Wire Rod from Canada with a partial dissenting opinion and 
a further dissent. The panel remanded the opinion as follows:
    1. On the issue of the permissibility of zeroing, the Panel remands 
this matter back to Commerce to re-calculate Mittal's dumping margins 
without zeroing.
    2. On the issue of the significance of the actual cost increases, 
the Panel remands the question of the significance of the cost increase 
back to Commerce for a reasoned explanation of its decision, based on 
the record and corrected for any errors in calculation of costs that 
may have been made in the original decision. At a minimum, the revised 
determination should include a description of the criteria that 
Commerce applied and an explanation of how Commerce decided on the 
significance or lack thereof of the cost increases in this case.
    3. On the issue of the consistency of the cost increases between 
the two cost periods proposed by Mittal, this Panel remands this matter 
back to Commerce to clarify what is its test for consistent cost 
increases in this case, to explain why that test is reasonable and to 
provide a reasoned explanation of whether Mittal's costs met that test 
in this case.
    4. On the issue of the linkage between changes in costs and prices, 
this Panel also remands this matter back to Commerce to provide a 
reasoned description and explanation of its linkage test, to apply that 
test to the costs and prices in this case, and to provide a reasoned 
explanation of whether Mittal has actually met this linkage test in its 
proposed cost periods in this case.
    Commerce is further directed to issue its Final Re-determination on 
Remand within forty-five days from the date of this Panel Decision or 
by January 14, 2008.

    Dated: December 3, 2007.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E7-23684 Filed 12-5-07; 8:45 am]
BILLING CODE 3510-GT-P