70 FR 52 pgs. 13169-13170 - North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Panel
Type: NOTICEVolume: 70Number: 52Pages: 13169 - 13170
FR document: [FR Doc. 05-5358 Filed 3-17-05; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Panel
AGENCY:
NAFTA secretariat, United States Section, International Trade Administration, Department of Commerce.
ACTION:
Notice of decision of NAFTA Panel.
SUMMARY:
On March 10, 2005, the NAFTA Panel issued its decision in the matterof Certain Durum Wheat and Hard Red Spring Wheat CVD determination fromCanada, Secretariat File No. USA-CDA-2003-1904-05.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United StatesSecretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue,Washington, DC 20230, (202) 482-5438.
SUPPLEMENTARY INFORMATION:
Chapter 19 of the North American Free-TradeAgreement ("Agreement") establishes a mechanism to replace domestic judicialreview of final determinations in antidumpting and countervailing duty casesinvolving imports from a NAFTA country with review by independent binationalpanels. When a Request for Panel Review is filed, a panel is established to act inplace of national courts to review expeditiously the final determination to determinewhether it conforms with the antidumpting or countervailing duty law of the countrythat 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 theGovernment of Mexico established Rules of Procedure for Article 1904 BinationalPanel Reviews ("Rules"). These Rules were published in the Federal Register onFebruary 23, 1994 (59 FR 8686). The panel review in this matter was conductedin accordance with these Rules.
Background Information: On October 3, 2003, the Government ofCanada filed a First Request for Panel Review with the United States Section of theNAFTA Secretariat pursuant to Article 1904 of the North American Free TradeAgreement. Second requests were filed on behalf of the Canadian Wheat Board,the Government of Saskatchewan, and the Government of Alberta, respectively.Panel review was requested of the final affirmative Countervailing Dutydetermination made by the United States Department of Commerce, InternationalTrade Administration, respecting Certain Durum Wheat and Hard Red SpringWheat from Canada. This determination was published in the Federal Register , (68FR 52747) on September 5, 2003. The NAFTA Secretariat assigned CaseNumber USA-CDA-2003-1904-05 to this request.
Panel Decision: The Panel affirmed in part and remanded in part. The paneldetermined that:
(1) The Commission's findings and determinations concerning thecomprehensive financial risk coverage program are not in accordance with lawand remanded this issue to the Commission for action consistent with its opinion;
(2) The Panel upheld the Commission's findings and determinationsconcerning the provision of government-owned and leased railcars in all respectsand dismiss the appeal on this issue.
The Panel ordered the Commission to issue a determination on remandconsistent with the instructions set forth in the Panel's decision within 90 days ofthe decision or not later than June 8, 2005.
Dated: March 14, 2005.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 05-5358 Filed 3-17-05; 8:45 am]
BILLING CODE 3510-GT-M