[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33351-33352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16159]


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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, Department of Commerce.

ACTION: Notice of decision of panel.

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[[Page 33352]]

SUMMARY: On June 4, 1998 the binational panel issued its decision in 
the review of the final antidumping duty administrative review 
respecting Certain Corrosion-Resistant Carbon Steel Flat Products from 
Canada, Secretariat File No. USA-97-1904-03. The panel affirmed in part 
and remanded in part the final determination for further action within 
60 days. Copies of the panel decision are available from the U.S. 
Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT:
James R. Holbein, United States Secretary, NAFTA Secretariat, Suite 
2061, 14th and Constitution Avenue, Washington, D.C. 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 to 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. BACKGROUND: On May 12, 1997, Stelco, Inc. filed a First 
Request for Panel Review with the U.S. Section of the NAFTA Secretariat 
pursuant to Article 1904 of the North American Free Trade Agreement. 
Panel review was requested of the final antidumping duty Administrative 
review made by the International Trade Administration in the 
administrative review respecting Certain Corrosion-Resistant Carbon 
Steel Flat Products from Canada. This determination was published in 
the Federal Register on April 15, 1997 (62 FR 18448). The NAFTA 
Secretariat assigned Case Number USA-97-1904-03 to this request. The 
panel reviewed the complaints, briefs and other documents and heard 
oral argument in this matter.
    Panel Decision: The panel remanded the final determination to ITA 
to (1) reconsider the calculations of transfer prices for certain 
inputs and consider arguments that the transfer price of those inputs 
should be recalculated to take account of the actual costs with regard 
to those inputs; (2) recompute the net interest expense factor to 
include certain payments to governments other than income tax; and (3) 
correct clerical errors concerning certain inland freight expenses. The 
panel ordered the remand determination to be returned within 60 days 
(by August 3, 1998).

    Dated: June 8, 1998.
James R. Holbein,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 98-16159 Filed 6-17-98; 8:45 am]
BILLING CODE 3510-61-M