United States-Canada Free-Trade Agreement, Article 1904 Binational Panel Reviews; Notice of Decision of Panel

DEPARTMENT OF COMMERCE

United States-Canada Free-Trade Agreement, Article 1904

Binational Panel Reviews; Notice of Decision of Panel

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

Secretariat, United States Section, International Trade Administration,

Department of Commerce.

ACTION: Notice of decision of panel.

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SUMMARY: By a decision dated July 6, 1994, the Binational Panel

reviewing the final affirmative material injury determination made by

the U.S. International Trade Commission respecting Certain Softwood

Lumber Products from Canada (Secretariat File No. USA-92-1904-02)

affirmed in part and remanded in part the determination to the

Commission for further action. A copy of the complete panel decision is

available from the Binational Secretariat.

FOR FURTHER INFORMATION CONTACT:

James R. Holbein, United States Secretary, NAFTA Secretariat, Suite

2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482-

5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the United States-Canada Free-

Trade Agreement (``Agreement'') establishes a mechanism to replace

domestic judicial review of final determinations in antidumpting and

countervailing duty cases involving imports from the other 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, 1989, the Government of the United States and the Government

of Canada established Rules of Procedure for Article 1904 Binational

Panel Reviews (``Rules''). The Rules were published in the Federal

Register on December 30, 1988 (53 FR 53212). The Rules were amended by

Amendments to the Rules of Procedure for Article 1904 Binational Panel

Reviews, published in the Federal Register on December 27, 1989 (54 FR

53165). A consolidated version of the amended Rules was published in

the Federal Register on June 15, 1992 (57 FR 26698). The Rules were

further amended and published in the Federal Register on February 8,

1994 (59 FR 5892). The panel review in this matter was conducted in

accordance with the Rules.

PANEL DECISION: On July 6, 1994, the Binational Panel issued its third

decision in this review. The Panel affirmed in part and remanded in

part the final injury determination and instructed the Commission to

provide its determination on remand within 30 days of the decision (by

August 5, 1994).

Dated: July 18, 1994.

James R. Holbein,

United States Secretary NAFTA Secretariat.

[FR Doc. 94-17973 Filed 7-22-94; 8:45 am]

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