[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20567-20568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9015]


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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 April 14, 2010, the binational panel issued its decision in 
the review of the final results of the 2004/2005 antidumping 
administrative review made by the International Trade

[[Page 20568]]

Administration, respecting Stainless Steel Sheet and Strip in Coils 
from Mexico, NAFTA Secretariat File Number USA-MEX-2007-1904-01. The 
binational panel affirmed in part and remanded in part the 
International Trade Administration's determination, with one dissenting 
opinion. Copies of the panel decision are available from the U.S. 
Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Marsha Ann Y. Iyomasa, Acting 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 Administration's determination respecting Stainless 
Steel Sheet and Strip in Coils from Mexico with one dissenting opinion. 
The panel remanded on the following issues:
    1. On the issue of the permissibility of zeroing, the Panel remands 
this matter back to Commerce to re-calculate Mexinox's dumping margins 
without zeroing;
    2. On the issue of whether Commerce's adjustments to the U.S. 
indirect selling expense ratio are not in accordance with law, the 
Panel remands this matter back to Commerce to re-calculate the indirect 
selling expense ratio in a manner not inconsistent with the panel's 
opinion; and
    3. Commerce is further directed to issue its Final Re-Determination 
on Remand within forty-five days from the date of this Panel Decision.
    The Department's decision in the final results of the 2004/2005 
antidumping review was, in all other respects upheld.

    Dated: April 14, 2010.
Marsha Ann Y. Iyomasa,
Acting U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2010-9015 Filed 4-19-10; 8:45 am]
BILLING CODE 3510-GT-P