Countervailing Duty Investigation of Certain Softwood Lumber Products From Canada: Notice of NAFTA Panel Decision

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce International Trade Administration [C-122-839] AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 22, 2005, the Department of Commerce (“Department”) issued its Fifth Remand Determination In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination , Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review (“Fifth Remand Determination”). On March 17, 2006, a North American Free Trade Agreement (“NAFTA”) Panel upheld the Department's Fifth Remand Determination. See Decision of the Panel on Fifth Remand, In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination , Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review, March 17, 2006 (“Panel Decision on Fifth Remand”). Subsequently, the NAFTA Panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on March 28, 2006. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) in Timken Co. v. United States , 893 F.2d 337 (Fed. Cir. 1990)(“ Timken ”), the Department is notifying the public that the Panel Decision on Fifth Remand and the Notice of Final Panel Action issued by the NAFTA Secretariat are not “in harmony” with the Department's original results. EFFECTIVE DATE: …