[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56156-56157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23160]


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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 19, 2011, the binational panel issued its decision 
in the review of the final results of the 2004/2005 antidumping 
administrative review made by the U.S. Department of Commerce, 
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 Commerce's determination. 
Copies of the panel decision are available from the U.S. Section of the 
NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, 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.

[[Page 56157]]

    Panel Decision: On April 14, 2010, the initial decision was issued 
by this panel remanding to the U.S. Department of Commerce to: (1) 
Recalculate Mexinox's dumping margins without zeroing, and (2) to 
recalculate the indirect selling expense ratio (ISE) in a manner not 
inconsistent with the panel's opinion and affirming Commerce's 
determinations on all other issues being contested. The Department's 
decision in the final results of the 2004/2005 antidumping review was, 
in all other respects, upheld.
    On August 19, 2011, with two dissenting views, the panel majority 
remanded to Commerce its Remand Determination to comply with its 
instructions in the April 2010 initial decision. The panel directed 
Commerce to issue its Final Re-determination on this second remand 
within thirty (30) days from the date of this panel decision.

    Dated: September 6, 2011.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2011-23160 Filed 9-9-11; 8:45 am]
BILLING CODE 3510-GT-P