98-20451. North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review  

  • [Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
    [Notices]
    [Pages 40880-40881]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-20451]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    
    
    North American Free-Trade Agreement, Article 1904; NAFTA Panel 
    Reviews; Request for Panel Review
    
    AGENCY: NAFTA Secretariat, United States Section, International Trade 
    Administration, Department of Commerce.
    
    ACTION: Notice of First Request for Panel Review.
    
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    SUMMARY: On July 15, 1998, Wolverine Tube (Canada) Inc. filed a First 
    Request for Panel Review with the United States Section of the NAFTA 
    Secretariat pursuant to Article 1904 of the North American Free Trade 
    Agreement. Panel review was requested of the final antidumping duty 
    administrative review determination made by the International Trade 
    Administration, respecting Brass Sheet and Strip from Canada. This 
    determination was published in the Federal Register (63 FR 33037) on 
    June 17, 1998. The NAFTA Secretariat has assigned Case Number USA-CDA-
    98-1904-03 to this request.
    
    FOR FURTHER INFORMATION CONTACT:
    James R. Holbein, United States Secretary, NAFTA Secretariat, Suite 
    2061, 14th and Constitution Avenue, Washington, D.C. 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).
        A first Request for Panel Review was filed with the United States 
    Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
    Agreement, on July 15, 1998, requesting panel review of the
    
    [[Page 40881]]
    
    final antidumping duty administrative review described above.
        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 
    August 14, 1998);
        (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 
    August 31, 1998); and
        (c) the panel review shall be limited to the allegations of 
    error of fact or law, including the jurisdiction of the 
    investigating authority, that are set out in the Complaints filed in 
    the panel review and the procedural and substantive defenses raised 
    in the panel review.
    
        Dated: July 22, 1998.
    James R. Holbein,
    United States Secretary, NAFTA Secretariat.
    [FR Doc. 98-20451 Filed 7-30-98; 8:45 am]
    BILLING CODE 3510-GT-M
    
    
    

Document Information

Published:
07/31/1998
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of First Request for Panel Review.
Document Number:
98-20451
Pages:
40880-40881 (2 pages)
PDF File:
98-20451.pdf