[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