[Federal Register: August 20, 2003 (Volume 68, Number 161)]
[Notices]
[Page 50123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au03-31]
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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 August 13, 2003, the binational panel issued its decision
in the review of the final results of the countervailing duty
determination made by the International Trade Administration (ITA)
respecting Certain Softwood Lumber Products from Canada (Secretariat
File No. USA-CDA-2002-1904-03) 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 October 14, 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 August 13, 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 determine the adequacy of remuneration, and therefore
benefit, based upon cross-border benchmarks. To make a new
determination as to whether there is a benefit using a standard other
than cross-border benchmarks.
2. To reconsider the matter of excluding reprocessed Maritimes-
origin lumber in light of the Panel's opinion.
3. The Panel vacates the Department's rejection of an exclusion for
used railroad ties and remands for reconsideration in light of the
Panel's opinion.
4. Commerce failed to properly apply its own ``input source''
criterion by failing to grant applications submitted by all companies
that relied on the source of their lumber as a basis for exclusion. The
Panel remanded this issue to Commerce for consideration of those
additional companies whose applications were based on input source.
5. The Panel remands the issue of the inclusion of residual
products in the denominator of the subsidy calculation to the
Department for further consideration.
Commerce was directed to issue it's determination on remand within
60 days of the issuance of the decision or not later than October 14,
2003.
Dated: August 14, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-21250 Filed 8-19-03; 8:45 am]