[Federal Register: January 28, 1999 (Volume 64, Number 18)]
[Notices]               
[Page 4397-4398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja99-37]

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DEPARTMENT OF COMMERCE

International Trade Administration

 
United States-Canada Free-Trade Agreement, Article 1904 
Binational Panel Reviews; Notice of Decision of Panel

AGENCY: North American Free-Trade Agreement (NAFTA) Secretariat, United 
States Section, International Trade Administration, Department of 
Commerce.

ACTION: Notice of Decision of Binational Panel.

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SUMMARY: By an opinion dated January 20, 1999, the Binational Panel 
reviewing the final affirmative redetermination made by the 
International Trade Administration (ITA) respecting Certain Corrosion-
Resistant Carbon Steel Products from Canada (Secretariat File No. USA-
97-1904-03) remanded the September 4, 1998 redetermination to the ITA 
for further action. A copy of the complete panel decision is available 
from the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, D.C. 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the United States-Canada Free-
Trade Agreement (``Agreement'') establishes a mechanism to replace 
domestic judicial review of final determinations in antidumping and 
countervailing duty cases involving imports from the other 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, 1989, the Government of the United States and the Government 
of Canada established Rules of Procedure for Article 1904 Binational 
Panel Reviews (``Rules''). The Rules were published in

[[Page 4398]]

the Federal Register on December 30, 1988 (53 FR 53212). The Rules were 
amended by Amendments to the Rules of Procedure for Article 1904 
Binational Panel Reviews, published in the Federal Register on December 
27, 1989 (54 FR 53165). A consolidated version of the amended Rules was 
published in the Federal Register on June 15, 1992 (57 FR 26698). The 
Rules were further amended and published in the Federal Register on 
February 8, 1994 (59 FR 5892). The panel review in this matter was 
conducted in accordance with the Rules, as amended.
    Panel Decision: On September 4, 1998, the International Trade 
Administration issued its Final Remand Determination in response to the 
Panel Decision.
    Stelco filed comments objecting to this Determination on September 
28, 1998, and requested the Panel to review the Department's Final 
Remand Determination.
    On November 18, 1998, the Panel issued an order extending the date 
for issuance of the decision until January 18, 1999 and then to January 
20, 1999. The Panel decision issued on January 20, 1999, remanded this 
matter to the Department of Commerce with the following instructions:
    1. That the Department reconsider the costs associated with 
Baycoat's painting services to Stelco in a manner not inconsistent with 
the opinion.
    2. That the Department will return a determination on remand within 
60 days of the issuance of the Order (by March 22, 1999).

    Dated: January 21, 1999.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 99-2052 Filed 1-27-99; 8:45 am]
BILLING CODE 3510-GT-P