[Federal Register: May 14, 1999 (Volume 64, Number 93)]
[Notices]               
[Page 26364]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my99-41]

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

ACTION: Notice of decision of Panel.

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SUMMARY: On May 3, 1999 the binational panel issued its decision in the 
review of the final results of the ninth antidumping duty 
administrative review made by the International Trade Administration 
(ITA) respecting Porcelain-on-Steel Cookware from Mexico (Secretariat 
File No. USA-97-1904-07) affirmed the determination of the Department 
of Commerce in all respects, except that, it remanded to the Department 
the use of the global ratio in calculating Yamaka's indirect selling 
expenses. The Department will return the determination on remand no 
later than June 4, 1999. A copy of the complete panel decision is 
available from the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, Acting 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 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 May 4, 1999, the Binational Panel affirmed the Department of 
Commerce in all respects, except that, it remanded to the Department 
the use of the global ratio in calculating Yamaka's indirect selling 
expenses to determine whether its calculation was in fact a clerical 
error and, if so, to correct the error and explain the basis for the 
correction in detail, specifically addressing comments on the proper 
calculation.
    The Department will return the determination on remand no later 
than June 4, 1999.

    Dated: May 7, 1999.
Caratina L. Alston,
Acting United States Secretary, NAFTA Secretariat
[FR Doc. 99-12256 Filed 5-13-99; 8:45 am]
BILLING CODE 3510-GT-P