[Federal Register: May 18, 2006 (Volume 71, Number 96)]
[Notices]               
[Page 28855]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my06-33]                         


[[Page 28855]]

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DEPARTMENT OF COMMERCE

International Trade Administration

 
North American Free-Trade Agreement, Article 1904; NAFTA Panel 
Reviews; Notice of Request for an Extraordinary Challenge Committee

AGENCY: NAFTA Secretariat, United States Section, International Trade 
Administration, Department of Commerce.

ACTION: Notice of request for an Extraordinary Challenge Committee to 
review the binational NAFTA Panel decisions of August 13, 2003; June 7, 
2004; Second Remand of December 1, 2004; Third Remand of May 23, 2005; 
Fourth Remand of October 5, 2005; Fifth Remand of March 17, 2006; and 
Notice of Final Panel Action of March 28, 2006 in the matter of Certain 
Softwood Lumber Products from Canada, Final Affirmative Countervailing 
Duty Determination, Secretariat File No. USA/CDA-2002-1904-03.

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SUMMARY: On April 27, 2006, the Office of the United States Trade 
Representative filed a Request for an Extraordinary Challenge Committee 
to review decisions as stated above with the United States Section of 
the NAFTA Secretariat pursuant to Article 1904 of the North American 
Free Trade Agreement. Committee review was requested of the final 
affirmative countervailing duty determination made by the International 
Trade Administration, respecting Certain Softwood Lumber Products From 
Canada. These determinations were published in the Federal Register. 
The NAFTA Secretariat has assigned Case Number ECC-2006-1904-01USA to 
this request.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, 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 Request for an Extraordinary Challenge Committee was filed with 
the United States Section of the NAFTA Secretariat, pursuant to Article 
1904 of the Agreement, on April 27, 2006, requesting panel review of 
the final affirmative countervailing duty determination as described 
above.
    The Rules provide that:
    (a) A Party or participant in the panel review who proposes to 
participate in the extraordinary challenge proceeding shall file with 
the responsible Secretariat a Notice of Appearance within 10 days after 
the filing of the first Request for Extraordinary Challenge Committee 
(the deadline for filing a Notice of Appearance is May 8, 2006); and
    (b) Complainants briefs shall be filed within 21 days after the 
Request for Extraordinary Challenge Committee (the deadline for filing 
briefs is May 18, 2006);
    (c) Respondents briefs shall be filed within 21 days after the 
Complainants briefs (the deadline for filing brief is June 8, 2006).

    Dated: April 28, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
 [FR Doc. E6-7538 Filed 5-17-06; 8:45 am]

BILLING CODE 3510-GT-P