[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Page 65864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26694]


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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 25, 2012, the NAFTA Chapter 19 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 panel 
affirmed the U.S. Department of Commerce's Final Determination with 
regard to the issue of zeroing in this matter. Copies of the panel's 
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 binational 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 with regard to its 
practice of ``zeroing'' in the administrative review before the panel, 
with instructions to provide an explanation consistent with the remand 
orders in two previous cases. (Dongbu Steel Co. Ltd. v. United States, 
635 F3d 1363 (Fed Cir. 2011); and JTEKT Corp. v. United States, 642 F3d 
1378 (Fed. Cir. 2011)) On October 25, 2012, in accordance with Article 
1904.8 of NAFTA, and for reasons set out in the panel's written 
decision and related order, the panel affirmed the Department of 
Commerce's Final Determination with regard to the issue of ``zeroing'' 
in this matter.

    Dated: October 25, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-26694 Filed 10-30-12; 8:45 am]
BILLING CODE 3510-GT-P