[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Page 30222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15083]



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DEPARTMENT OF COMMERCE

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 Binational Panel Decision.

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SUMMARY: On April 30, 1996 the Binational Panel issued its decision in 
the review of the final antidumping duty administrative review made by 
the International Trade Administration (ITA) respecting Porcelain-on-
Steel Cookware from Mexico, Secretariat File No. USA-95-1904-01. The 
Binational Panel affirmed in part and remanded in part the final 
determination for action within 45 days of the issuance of the 
decision. A copy of the complete Panel decision is available from 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 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 Binational Panel review in this matter was conducted in accordance 
with these Rules.

Background

    On February 8, 1995 Cinsa, S.A. de C.V. 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 determination published in the 
Federal Register on January 9, 1995 (60 FR 2378) and Amended on 
February 8, 1995 (60 FR 7521).

Panel Decision

    In its April 30 decision, the Binational Panel affirmed the 
Commerce Department's final determinations with respect to all issues 
with the following two exceptions: (1) The Panel remanded the issue 
concerning the error associated with product number 10158 for further 
proceedings not inconsistent with the opinion, and (2) the Panel 
remanded the issue of the appropriate adjustment for rebated or 
uncollected value-added taxes with instructions for the Department to 
apply the tax neutral methodology approved by the Court of Appeals for 
the Federal Circuit in Federal Mogul v. United States, 63 F.3d 1572 
(Fed. Cir. 1995). Two panelists wrote a concurring opinion on the issue 
of the inclusion of profit-sharing in the calculation of cost of 
production and constructed value. The Department was instructed to 
provide the Panel with the results of the remand within 45 days of the 
date of the decision (on or before June 14, 1996).

    Dated: May 17, 1996.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 96-15083 Filed 6-13-96; 8:45 am]
BILLING CODE 3510-GT-M