North American Free Trade Agreement (NAFTA); binational panel reviews: alloy steel pipe and tube from— Mexico,

[Federal Register: January 6, 1999 (Volume 64, Number 3)]

[Notices]

[Page 861]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr06ja99-42]

DEPARTMENT OF COMMERCE

International Trade Administration

North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review

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

ACTION: Notice of First Request for Panel Review.

SUMMARY: On December 23, 1998, Allied Tube and Conduit Company, the Sawhill Tubular Division of Armco, Inc., and Wheatland Tube Company fileda First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the Final Scope Ruling on the antidumping order respecting Circular Welded Non-Alloy Steel Pipe and Tube from Mexico; Galvak, S.A. de C.V. This determination was made by the International Trade Administration and served on the Embassy of Mexico in Washington, D.C. on November 30, 1998. The NAFTA Secretariat has assigned File Number USA-MEX-98-1904-05 to this request.

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 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).

A first Request for Panel Review was filedwith the U.S. Section of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on December 23, 1998, requesting panel review of the final scope ruling described above.

The Rules provide that:

(a) A Party or interested person may challenge the final determination in whole or in party by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the First Request for Panel Review (the deadline for filing a Complaint in January 22, 1999);

(b) A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may anticipate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is February 8, 1999); and

(c) The panel review shall be limited to the allegations for error of fact or law, including the jurisdiction of the investigating authority, that are set out in the Complaints filedin the panel review and the procedural and substantive defenses raised in the panel review.

Dated: December 28, 1998. James R. Holbein, United States Secretary, NAFTA Secretariat.

[FR Doc. 99-124Filed1-4-99; 8:45 am]

BILLING CODE 3510-GT-M