[Federal Register: October 16, 1998 (Volume 63, Number 200)]
[Notices]               
[Page 55591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc98-47]

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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 26, 1998 the binational panel issued its decision in 
the review of the final injury determination made by the Canadian 
International Trade Tribunal, in the material injury investigation 
respecting Concrete Panels, Reinforced with Fiberglass Mesh, 
Originating in or Exported from the United States of America, NAFTA 
Secretariat File Number CDA-97-1904-01. The panel affirmed the final 
determination in all respects. Copies of the panel decision are 
available from the U.S. Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, 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.

BACKGROUND: On July 21, 1997 Custom Building Products, Inc. filed a 
First Request for Panel Review with the Canadian Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. Panel review was requested of the final injury determination 
made by the Canadian International Trade Tribunal, in the material 
injury investigation respecting Concrete Panels, Reinforced with 
Fiberglass Mesh, Originating in or Exported from the United States of 
America. This determination was published in the Canada Gazette, Part 
I, Vol. 13, No. 28, page 1957-58 on July 12, 1997. The NAFTA 
Secretariat assigned Case Number CDA-97-1904-01 to this request. The 
panel reviewed the complaints, briefs and other documents and heard 
oral argument in this matter.

PANEL DECISION: The panel affirmed the final determination of the CITT 
on all five issues raised by the complainants in their briefs.

    Dated: August 28, 1998.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 98-27842 Filed 10-15-98; 8:45 am]
BILLING CODE 3510-GT-P