98-23276. North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review  

  • [Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
    [Notices]
    [Pages 46217-46218]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23276]
    
    
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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 August 17, 1998, the CINSA, S.A. de C.V. and Esmaltaciones 
    de Norte America, S.A. de C.V. 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 made 
    by the International Trade Administration, respecting Porcelain-on-
    Steel Cookware from Mexico. This determination was published in the 
    Federal Register (63 FR 38,373), on July 16, 1998. The NAFTA 
    Secretariat has assigned Case Number USA-MEX-98-1904-04 to this 
    request.
    
    FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States 
    Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
    Washington, DC 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 August 17, 1998, requesting panel review of the 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 September 16, 
    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 October 1, 
    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
    
    [[Page 46218]]
    
    substantive defenses raised in the panel review.
    
        Dated: August 21, 1998.
    Caratina L. Alston,
    Deputy United States Secretary, NAFTA Secretariat.
    [FR Doc. 98-23276 Filed 8-28-98; 8:45 am]
    BILLING CODE 3510-GT-P
    
    
    

Document Information

Published:
08/31/1998
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of first request for panel review.
Document Number:
98-23276
Pages:
46217-46218 (2 pages)
PDF File:
98-23276.pdf