North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Committee

---
identifier: "/us/fr/E4-3673"
source: "fr"
legal_status: "authoritative_unofficial"
title: "North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Committee"
title_number: 0
title_name: "Federal Register"
section_number: "E4-3673"
section_name: "North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Committee"
positive_law: false
currency: "2004-12-15"
last_updated: "2004-12-15"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Commerce Department"
document_number: "E4-3673"
document_type: "notice"
publication_date: "2004-12-15"
agencies:
  - "Commerce Department"
  - "International Trade Administration"
fr_citation: "69 FR 75044"
fr_volume: 69
fr_action: "Notice of corrected decision of Extraordinary Challenge Committee."
---


#  North American Free-Trade Agreement (NAFTA), Article 1904 NAFTA Panel Reviews; Decision of the Committee

**AGENCY:**

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

**ACTION:**

Notice of corrected decision of Extraordinary Challenge Committee.

**SUMMARY:**

On October 7, 2004 the Extraordinary Challenge Committee (ECC) issued its decision in the matter of Pure Magnesium from Canada, Secretariat File No. ECC-2003-1904-01USA. On November 12, 2004, the Extraordinary Challenge Committee issued a correction to their decision. The corrections do not alter the substance of the opinion.

**FOR FURTHER INFORMATION CONTACT:**

Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482-5438.

*Committee Decision:* The Committee concluded that the panel manifestly exceeded its powers by failing to apply the correct standard of review; such action materially affected the Panel's decision, but; that the Panel's action did not threaten the integrity of the binational panel review process.

Accordingly the challenge was dismissed and by virtue of section 3 of NAFTA Annex 1904.13 the challenged panel decision stands affirmed. The Committee, however, discovered some minor errors in the decision and has provided a corrected version. Copies of the corrected decision are available from the NAFTA Secretariat.

Dated: December 7, 2004.

Caratina L. Alston,

United States Secretary, NAFTA Secretariat.