SICE-DISPUTE-NAFTA - MEX-USA-98-1904-01

	FINAL DECISION
	REVIEW OF THE FINAL DETERMINATION OF THE ANTIDUMPING INVESTIGATION ON IMPORTS OF HIGH FRUCTOSE CORN SYRUP, ORIGINATING FROM THE UNITED STATES OF AMERICA
	CASE: MEX-USA-98-1904-01 Courtesy Translation

INDEX
I.	Background
II.	Issues brought by the Claimants
	II.A	The Determination issued by the IA on November 23, 2001 is not the Remand Report in conformity with the Instructions of the Panel.
	II.B	The IA presumes to base its conclusions in Administrative Record 2 that it is not before the Panel.
	II.C	The SE presumes to base its new determination in documents that do not form part of the AR. Specifically references made to Record 1912 contained in paragraphs 31, 53 and 63, among others.
	II.D	The analysis provided by the IA in the new Determination of November 23, 2001 is a reiteration and repetition of the arguments used in the two previous Determinations (January 23, 1998 and September 20, 2000) and, therefore, the arguments filed by the IA in the Determination of November 23, 2001 do not prove, as the arguments contained in the Revised Determination of September 20, 2000 did not prove, that the threat of injury is a direct result of imports and thus articles 39 and 42 of the FTC were violated.
		II.D.A	Imports Subject to Price Discrimination and Export Capacity
		II.D.B	Price Analysis
		II.D.C	Impact on the Domestic Industry
		II.D.D	Compliance with the Antidumping Agreement
		II.D.E	Compliance with Mexican Law
III.	Analysis and Resolutions of the Panel about the Remand Report
	III.A	Imports Subject to Price Discrimination and Export Capacity
	III.B	Price Analysis
	III.C	Impact on Domestic Industry
ORDER