[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Page 51708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20130]


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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 August 6, 2013, 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, with respect to Light-Walled Rectangular Pipe and Tube from 
Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel 
affirmed the U.S. Department of Commerce's Final Determination 
regarding this matter. 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 affirmed 
in part and remanded in part the matter of Light-Walled Rectangular 
Pipe and Tube from Mexico (NAFTA Secretariat File Number USA-MEX-2011-
1904-02). The panel remanded to the U.S. Department of Commerce to 
provide a thorough explanation of its interpretation of 19 U.S.C. 1677 
(35) to apply ``zeroing'' methodology in connection with 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 order. (March 5, 2013) On March 4, 2013, the 
Department of Commerce issued in response its Final Results of 
Redetermination Pursuant to the Remand. The Complainant, Maquilacero, 
filed its Comments on the Remand Results on May 1, 2013, and the 
Department of Commerce filed its related Response on June 17, 2013. On 
August 6, 2013, in accordance with Article 1904.8 of NAFTA, and for 
reasons set out in the panel's written decision and related Order, the 
panel affirmed the March 4, 2013, Final Results of Redetermination 
Pursuant to Remand of the Department of Commerce.

    Dated: August 6, 2013.
Ellen M. Bohon,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2013-20130 Filed 8-20-13; 8:45 am]
BILLING CODE 3510-GT-P