[Federal Register: August 5, 2003 (Volume 68, Number 150)]
[Notices]
[Page 46165-46166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au03-36]
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DEPARTMENT OF COMMERCE
International Trade Administration, North American Free Trade
Agreement, Article 1904 NAFTA Panel Reviews; Notice of Panel Decision
AGENCY: NAFTA Secretariat, United States Section, International Trade
Administration, Department of Commerce.
ACTION: Notice of panel decision.
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SUMMARY: On July 17, 2003, the binational panel issued its decision in
the review of the final results of the antidumping duty determination
made by the International Trade Administration (ITA) respecting Certain
Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-
2002-1904-02) affirmed in part and remanded in part the determination
of the Department of Commerce. The Department will return the
determination on remand no later than September 15, 2003. A copy of the
complete panel decision is available from the NAFTA Secretariat.
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 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, 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).
Panel Decision: On July 17, 2003, the Binational Panel affirmed in
part and remanded in part the Department of Commerce's final
antidumping duty determination. The following issues were remanded to
the Department:
1. To explain the factual background of Commerce's determination
that, for purposes of determining Constructed Value (CV) profit, the
``foreign like product'' should be defined as each Canadian
Respondent's aggregate sales of subject merchandise during the period
of investigation was reasonable and in accordance with law;
2. To re-allocate joint production costs using a value-based
allocation methodology which takes into account dimensional differences
between different jointly produced softwood lumber products;
3. To make an adjustment pursuant to 19 U.S.C. 1677b(a)(6)(c)(ii)
to reflect dimensional differences between different softwood lumber
products being compared;
4. To exclude exports made by Scieries Saguenay Ltee. (SSL) from
the final LTFV determination rendered in respect of Abitibi-
Consolidated Inc.;
5. To exclude from the cost of production and constructed value of
softwood lumber products produced during the period of investigation by
Abitibi the costs of redemption of stock options issued to executives
of Donohue, Inc.;
6. To treat ``trim blocks'' produced by Abitibi Inc. as subject
merchandise rather than by-products, and to allocate production costs
to the trim blocks produced by Abitibi during the period of the
investigation;
7. To explain the agency's reason for determining why, based upon
an examination of the entire record, general and administrative
expenses incurred in
[[Page 46166]]
production of softwood lumber by Tembec Inc. according to parent
company consolidated financial statements is reasonable and lawful
consistent with the agency's obligation, set out at 19 U.S.C.
1677b(b)(3)(B), to calculate such expenses ``based on actual data
pertaining to production and sales of the foreign like product';
8. To explain why Commerce's final determination concerning
Tembec's credit expenses does not contain a clerical error with respect
to programming language used to make currency conversions; or, if the
final determination does contain such an error, to identify and correct
the error;
9. To explain why Commerce's decision to use Tembec's internal
prices for wood chips was representative of the cost of producing such
wood chips, and why such prices constituted a reasonable and
permissible basis for calculating an offset to Tembec's production
costs;
10. To consider the claims of West Fraser Mills that Commerce erred
in adjusting the offset to production costs resulting from West
Fraser's by-product sales of wood chips to unaffiliated purchasers in
British Columbia during the period of investigation, and particularly,
to consider whether the timing of West Fraser's wood chip sales to
unaffiliated parties during the early part of the period of
investigation, and the existence of a long term contract, cause those
sales to be not fairly representative of West Fraser's wood chip prices
during the POI;
11. To provide a complete explanation of Commerce's decision that
finger-jointed flangestock (FJF) does not constitute a separate ``class
or kind'' of merchandise for purposes of this investigation; and in so
doing, to explain how the agency applied each of the Diversified
Products factors to its consideration of FJF, the determinations
reached with respect to each such factor, and how the agency weighed
these factors in reaching its determination; and
12. To provide a complete explanation of Commerce's determination
not to treat square-end bed frame components as a separate ``class or
kind'' of merchandise for purposes of this investigation; and in so
doing, to explain how the agency applied each of the Diversified
Products factors to its consideration of square-end bed frame
components, and how the agency weighed these factors in reaching its
determination; and
13. To publish revised less than fair value (LTFV) margins for the
investigated Respondents, including a revised ``all others'' rate, as
determined after carrying out the above remand instructions.
Commerce was directed to issue it's determination on remand within 60
days of the issuance of the decision or not later than September 15,
2003.
Dated: July 28, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-19820 Filed 8-4-03; 8:45 am]