[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Page 74174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30025]



[[Page 74174]]

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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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SUMMARY: On December 5, 2012, the NAFTA Chapter 19 binational panel 
issued its decision in the review of the final results of the 2008/2009 
antidumping administrative review made by the U.S. Department of 
Commerce, respecting Light-Walled Rectangular Pipe and Tube from 
Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel 
remanded the matter to the U.S. Department of Commerce and Ordered that 
Commerce provide the Panel with its explanation regarding its practice 
of zeroing in administrative reviews, but not in antidumping 
investigations. Copies of the panel's decision are available from the 
U.S. Section of the NAFTA Secretariat.

FOR FURTHER INFORMATION CONTACT: Ellen M. Bohon, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, DC 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 panel review in this matter has been conducted in accordance with 
these Rules.
    Panel Decision: On December 5, 2012, the binational panel remanded 
the matter of Light-Walled Rectangular Pipe and Tube from Mexico (NAFTA 
Secretariat File Number USA-MEX-2011-1904-02) to the U.S. Department of 
Commerce to provide a thorough explanation of why it is a reasonable 
interpretation of the statute to engage in zeroing in administrative 
reviews, but not in antidumping investigations. The panel directed 
Commerce to provide such explanation within 90 days of the date of 
issue of the panel's Decision and Order. (March 5, 2013)

    Dated: December 5, 2012.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2012-30025 Filed 12-12-12; 8:45 am]
BILLING CODE 3510-GT-P