[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2648-2649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-822]


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DEPARTMENT OF COMMERCE


International Trade Administration, North American Free-Trade 
Agreement (NAFTA), Article 1904 Binational Panel Reviews

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

ACTION: Notice of decision of panel.

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SUMMARY: On January 17, 2007 the binational panel issued its decision 
in the review of the final results of the sunset review of antidumping 
order made by the International Trade Administration, respecting Oil 
Country Tubular Goods from Mexico, NAFTA Secretariat File Number USA-
MEX-2001-1904-03. The binational panel issued its fourth remand of the 
International Trade Administration's re-determination on remand. Copies 
of the panel decision are available from the U.S. Section of the NAFTA 
Secretariat.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
NW., 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 has been conducted in accordance with 
these Rules.
    Panel Decision: The panel issued its fourth remand to the 
International Trade Administration's determination respecting Oil 
Country Tubular Goods from Mexico. The panel directed the Department 
to:
    1. Reconsider its likelihood determination and either issue a 
determination of no likelihood or give a reasoned analysis to support 
the conclusion that TAMSA's dumping is likely to continue or recur on 
revocation of the antidumping duty order.
    2. In the event that the Department reissues a likelihood 
determination, to explain in detail why the elimination of TAMSA's 
foreign debt does not outweigh the likelihood presumption derived from 
the post-order reduction of

[[Page 2649]]

TAMSA's exports. In its evaluation of TAMSA's ``other factors,'' the 
Department is directed to utilize the actual financial expense ratio 
established in the record of this proceeding. The Department is also 
directed to provide an explanation supported by sunset review law 
indicating why TAMSA's zero margin calculation have no predictive 
value.
    Further, the panel stated that they will not affirm the 
Department's Fourth Re-determination if the Department continues to be 
disrespectful of the Panel's review authority under Chapter 19 of the 
NAFTA by issuing affirmative remand determinations which cannot be 
supported by the record and that continue to rely on evidence that the 
Panel has already held to be insufficient.
    The Department was directed to issue its Final Re-determination on 
Remand within twenty days from the date of the decision or not later 
than February 6, 2007.

    Dated: January 17, 2007.
Caratina L. Alston,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. E7-822 Filed 1-19-07; 8:45 am]
BILLING CODE 3510-GT-P