[Federal Register: July 9, 1998 (Volume 63, Number 131)]
[Notices]               
[Page 37092-37093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy98-31]

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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 June 5, 1998, the Director of Investigation and Research, 
Competition Bureau, Industry Canada filed a First Request for Panel 
Review

[[Page 37093]]

with the Canadian Section of the NAFTA Secretariat pursuant to Article 
1904 of the North American Free-Trade Agreement. Panel review was 
requested of the final material injury determination made by the 
Canadian International Trade Tribunal, respecting Certain Prepared Baby 
Foods Originating In or Exported from the United States of America. 
This determination was published in the Canada Gazette 1998.I.1062, on 
May 9, 1998. The NAFTA Secretariat has assigned Case Number CDA-USA-98-
1904-01 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 Canadian 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on June 5, 1998, requesting panel review of the final 
material injury 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 July 6, 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 July 20, 
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: June 15, 1998.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 98-18260 Filed 7-8-98; 8:45 am]
BILLING CODE 3510-GT-P