[Federal Register: July 16, 1999 (Volume 64, Number 136)]
[Notices]               
[Page 38411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy99-60]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

 
North American Free-Trade Agreement (NAFTA), Article 1904 
Binational Panel Reviews; Decision of Binational Panel

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Corrected Notice of Decision of Binational Panel.

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SUMMARY: On June 18, 1999 the Binational Panel issued its decision in 
the matter of Gray Portland Cement and Clinker from Mexico, Secretariat 
File No. USA-97-1904-01.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, 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 was conducted in accordance with these 
Rules.

Background Information

    On May 6, 1997, Cemex, S.A. de C.V. (``CEMEX'') and Cementos de 
Chihuahua, S.A. de C.V. (``CDC'') filed a First Request for Panel 
Review with the U.S. Section of the NAFTA Secretariat pursuant to 
Article 1904 of the North American Free Trade Agreement. Panel review 
was requested of the Final Results of Antidumping Duty Administrative 
Review made by the International Trade Administration respecting Gray 
Portland Cement and Clinker from Mexico. This determination was 
published in the Federal Register on April 9, 1997 (62 FR 27238-39). 
The request was assigned File No. USA-97-1904-01.

Panel Decision

    The Panel affirmed in part and remanded in part with one dissenting 
opinion. The Panel determined that by stipulation between CEMEX and the 
Department announced at the hearing on December 15, 1998, the Panel 
remanded the final results of the Fifth Review to the Department for 
the purpose of correcting the ministerial errors identified by CEMEX in 
its May 9, 1997 letter to the Department. On remand, the Department 
shall correct the errors identified by CEMEX in its May 9, 1997 letter 
to the Department identified as Number 1, A and B, and Number 2. CEMEX 
has agreed to abandon its claim for ministerial error identified in its 
May 9, 1997 letter to the Department as Number 3. Pursuant to the 
stipulation, once the ministerial errors are corrected, the Department 
shall publish in the Federal Register notice of the corrections and 
then instruct the U.S. Customs Service to give effect to the 
corrections.
    The Panel ordered the Department to issue a determination on remand 
consistent with the instructions and findings set forth in the Panel's 
decision. The determination on remand shall be issued within ninety 
(90) days of the date of the Order (not later than September 16, 1999).

    Dated: July 12, 1999.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 99-18126 Filed 7-15-99; 8:45 am]
BILLING CODE 3510-GT-P