United States-Canada Free-Trade Agreement, Article 1904 Binational Panel Reviews: Notice of Completion of Panel Review

DEPARTMENT OF COMMERCE

United States-Canada Free-Trade Agreement, Article 1904

Binational Panel Reviews: Notice of Completion of Panel Review

AGENCY: United States-Canada Free-Trade Agreement, Binational

Secretariat, United States Section, International Trade Administration,

Department of Commerce.

ACTION: Notice of completion of Panel Review of the final affirmative

determination made by the U.S. Department of Commerce, International

Trade Administration, Import Administration, in an affirmative

countervailing duty determination respecting Pure and Alloy Magnesium

from Canada, Secretariat File No. USA-92-1904-03.

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SUMMARY: Pursuant to the Memorandum Opinion and Order of the Binational

Panel dated December 14, 1993, affirming the determination on remand,

the Panel Review of the final determination described above was

completed on January 14, 1994.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States Secretary, Binational Secretariat,

suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202)

482-5438.

SUPPLEMENTARY INFORMATION: On August 16, 1993, the Binational Panel

issued a decision which affirmed in part and remanded in part the final

affirmative countervailing duty determination of the United States

Department of Commerce, International Trade Administration (``ITA'')

concerning Pure and Alloy Magnesium from Canada. The panel remanded the

ITA's determination in two respects:

(1) For the ITA to explain why, in determining the specificity of

the SDI program subsidy, the ITA conducted its ``disproportionality''

analysis on an enterprise-by-enterprise basis rather than on an

industry-by-industry basis; and

(2) For the ITA to explain why its use of Internal Revenue Service

(IRS) depreciation tables for the useful life of equipment in the

industry accurately reflects the commercial and competitive benefits

received by Norsk Hydro Canada from grants it received for the purchase

of pollution control equipment.

The panel instructed ITA to provide its redetermination on remand

within 30 days (by Sepember 16).

The ITA submitted its redetermination on remand on September 15,

1993, which the Panel Affirmed in all respects. The Secretariat was

instructed to issue a Notice of Completion of Panel Review on the 31st

day following the issuance of the Order, if no Request for an

Extraordinary Challenge was filed. No such request was filed.

Therefore, on the basis of the Panel Order and Rule 80 of the Article

1904 Panel Rules, the Panel Review was completed and the panelists

discharged from their duties effective January 14, 1994.

Dated: January 18, 1994.

James R. Holbein,

United States Secretary, FTA Binational Secretariat.

[FR Doc. 94-1775 Filed 1-26-94; 8:45 am]

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