[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Notices]
[Pages 29965-29966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12174]


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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 May 11, 2012, the binational panel issued its decision in 
the review of the final results of the 2005/2006 antidumping 
administrative review made by the U.S. Department of Commerce, 
respecting Carbon and Certain Alloy Steel Wire Rod from Canada, NAFTA 
Secretariat File Number USA-CDA-2008-1904-02. The binational panel 
affirmed in part and remanded in part the U.S. Department of 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.
    Panel Decision: On May 11, 2012, the panel affirmed the U.S. 
Department of Commerce's final results of the administrative review 
determining that the Complainant's sales were made at the same level of 
trade. The panel remanded to the U.S. Department of Commerce to provide 
a thorough

[[Page 29966]]

explanation, keyed to the ``otherwise contrary to law'' standard of 
review, of the statutory interpretation underlying its approach of 
granting offsets for non-dumped sales in original investigations, while 
denying such offsets in administrative reviews. The panel directed 
Commerce to provide such explanation within 45 days of the date of 
issue of the panel's Decision and Order (June 25, 2012).

    Dated: May 15, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-12174 Filed 5-18-12; 8:45 am]
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