2018-02135. North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review in the Matter of Softwood Lumber From Canada: Determinations (Secretariat File Number: USA-CDA-2018-1904-03)

AGENCY:

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

ACTION:

Notice.

SUMMARY:

A Request for Panel Review was filed on behalf of the Government of Canada; Government of Alberta; Government of British Columbia; Government of Ontario; Government of Québec; Alberta Softwood Lumber Trade Council; British Columbia Lumber Trade Council; Conseil de l'Industrie forestier du Québec and Ontario Forest Industries Association; Canfor Corporation; J.D. Irving, Limited; Resolute FP Canada Inc. and Rene Bernard Inc.; Tembec Inc. and Eacom Timber Corporation; and West Fraser Mills Ltd. with the United States Section of the NAFTA Secretariat on January 19, 2018 and on behalf of Western Forest Products, Inc. on January 26, 2018, pursuant to NAFTA Article 1904. Panel Review was requested of the U.S. International Trade Commission's final injury determination regarding Softwood Lumber from Canada. The final determination was published in the Federal Register on December 28, 2017 (82 FR 61,587). The NAFTA Secretariat has assigned case number USA-CDA-2018-1904-03 to this request.

FOR FURTHER INFORMATION CONTACT:

Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, [phone].

SUPPLEMENTARY INFORMATION:

Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, which were adopted by the three governments for panels requested pursuant to Article 1904(2) of NAFTA which requires Requests for Panel Review to be published in accordance with Rule 35. For the complete Rules, please see https://www.nafta-sec-alena.org/​Home/​Texts-of-the-Agreement/​Rules-of-Procedure/​Article-1904.

The Rules provide that:

(a) A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is February 20, 2018);

(b) A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may participate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is March 5, 2018); and

(c) The panel review shall be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review.

Dated: January 30, 2018.

Paul E. Morris,

U.S. Secretary, NAFTA Secretariat.