Amended Rules for NAFTA Binational Panel Reviews
The International Trade Administration has issued a notice that Canada, Mexico and the U.S. have amended the rules of procedure for binational panel reviews under Article 1904 of the North American Free Trade Agreement in order to increase the efficiency and effectiveness of the review process.
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The ITA states that these amendments shall apply to all binational panel proceedings commenced by a request for panel review filed with the NAFTA Secretariat, U.S. Section, on or after April 10, 2008.
(Under Article 1904 of the NAFTA, an involved party may request a panel review of a final antidumping or countervailing duty determination to determine whether such determination was in accordance with the AD or CV duty law of the importing party.)
Highlights of Amendments
The following are the highlights of the amendments to the NAFTA rules of procedure for Article 1904 NAFTA binational panel reviews (partial list):
Completion of panel review. Rule 78 is amended to clarify that the effective date of a Notice of Completion of Panel Review when no Request for an Extraordinary Challenge Committee is filed, and a panel has not been terminated, is on the day after the expiration of the limitation period established pursuant to the NAFTA Extraordinary Challenge Committee Rules.
Termination of panel review. Rule 71 is amended to establish that if a timely complaint is not filed, the responsible Secretariat will issue a notice terminating panel review.
Corporate persons. Rule 21 is amended to clarify that participants in binational panel reviews other than individuals (e.g., corporate persons) must be represented by a counsel of record.
(See ITA notice for the complete amended Rules.)
ITA contact - Michele Lynch (202) 482-2879
ITA notice (FR Pub 04/10/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-7621.pdf