[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Notices]
[Page 58307-58308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-39]
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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 October 3, 2003, the Canadian Wheat Board 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 determination of
Sales at Less Than Fair Value made by the United States Department of
Commerce, International Trade Administration, respecting Certain Durum
Wheat and Hard Red Spring Wheat from Canada. This determination was
published in the Federal Register, (68 FR 52741) on September 5, 2003.
The NAFTA Secretariat has assigned Case Number USA-CDA-2003-1904-04 to
this request.
FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
[[Page 58308]]
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 October 3, 2003, requesting panel review of the final
determination 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 November 3, 2003);
(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 November 18,
2003); 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: October 6, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-25632 Filed 10-8-03; 8:45 am]