[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2782]


[[Page Unknown]]

[Federal Register: February 8, 1994]


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Part IV





Department of Commerce





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International Trade Administration



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United States-Canada Free Trade Agreement: Amendments to Rules of 
Procedure for Article 1904 Binational Panel Reviews; Notice
DEPARTMENT OF COMMERCE

International Trade Administration

 
United States-Canada Free Trade Agreement: Amendments to Rules of 
Procedure for Article 1904 Binational Panel Reviews

AGENCY: United States-Canada Free Trade Agreement, Binational 
Secretariat, United States Section, International Trade Administration, 
Department of Commerce.

ACTION: Amendments to rules of procedure for Article 1904 Binational 
Panel Reviews.

-----------------------------------------------------------------------

SUMMARY: Canada and the United States have amended the rules of 
procedure for Article 1904 binational panel reviews. These amendments 
are intended to improve the panel review process under Chapter Nineteen 
of the United States-Canada Free Trade Agreement in order to increase 
its efficiency and effectiveness.

EFFECTIVE DATE: February 8, 1994. The Rules of Procedure, herewithin, 
apply to all panel proceedings under the United States-Canada Free 
Trade Agreement (``Agreement'') commenced on or after, or pending on, 
the effective date, except that these Rules of Procedure shall not 
apply to the extent that in the opinion of the panel their application 
in a particular panel proceeding pending on the effective date would be 
impracticable or would be prejudicial to a participant, in which event 
the panel may apply the former procedure or such other procedure not 
inconsistent with the Agreement.
    Specifically, these Rules of Procedure govern panel review of any 
final determination published or, in the case of a determination that 
is not published, for which notice is received prior to January 1, 
1994, the date of entry into force of the North American Free Trade 
Agreement (``NAFTA''). In the event that either Canada or the United 
States withdraws from the NAFTA, the Agreement would revive between 
them and these Rules of Procedure again would apply.

FOR FURTHER INFORMATION CONTACT: Lisa B. Koteen, Senior Attorney, Stacy 
J. Ettinger, Attorney-Advisor, or Terrence J. McCartin, Attorney-
Advisor, Office of the Chief Counsel for Import Administration, room B-
099, U.S. Department of Commerce, 14th and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0836, (202) 482-4618, and 
(202) 482-5031, respectively. For procedural matters involving cases 
under panel review, contact James R. Holbein, United States Secretary, 
Binational Secretariat, room 2061, U.S. Department of Commerce, 14th 
and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 
482-5438.

SUPPLEMENTARY INFORMATION:

Background

    Chapter Nineteen of the United States-Canada Free Trade Agreement 
(``Agreement'') establishes a mechanism for replacing judicial review 
of final antidumping and countervailing duty determinations involving 
imports from Canada or the United States with review by independent 
binational panels. If requested, these panels will expeditiously review 
final determinations to determine whether they are consistent with the 
antidumping or countervailing duty law of the importing country. Title 
IV of the United States-Canada Free Trade Agreement Implementation 
Agreement Act of 1988, Public Law No. 100-449, 102 Stat. 1851 (1988) 
amends United States law to implement Chapter Nineteen of the 
Agreement.
    The Article 1904 Panel Rules are intended to give effect to the 
panel review provisions of Chapter Nineteen of the Agreement by setting 
forth the procedures for commencing, conducting and completing panel 
reviews. Originally published on December 30, 1988 (53 FR 53212), the 
rules became effective on January 1, 1989, the date the Agreement 
entered into force. As a result of negotiations between the United 
States and Canada and, taking into account comments received from 
panelists and counsel for participants in panel reviews, the rules have 
been amended twice (54 FR 53165, Dec. 27, 1989; and 57 FR 26698, June 
15, 1992). The further amendments to the Article 1904 Panel Rules 
contained in this notice are the result of negotiations between the 
United States and Canada prompted by the desire to modify certain 
procedures in the Article 1904 Panel Rules. Consequently, these 
amendments improve the panel review process.
    A summary of the amendments to the Article 1904 Panel Rules is 
contained in the following section-by-section analysis. Amendments 
involving typographical errors, corrected cross-referencing, minor 
ministerial corrections, and any other changes not explained below, are 
considered drafting clarifications and have no substantive 
significance.

Preamble

    The Preamble has been amended to incorporate the amendments 
contained herein into the legislative history of the Article 1904 Panel 
Rules.

Rule 1A

    Rule 1A has been added in view of the entry into force of the North 
American Free Trade Agreement (``NAFTA'') and in light of the 
possibility that a Party may withdraw from NAFTA. The Article 1904 
Panel Rules govern panel review of any final determination published 
or, in the case of a determination that is not published, for which 
notice is received, prior to the entry into force of the NAFTA. If 
either Canada or the United States were to withdraw from the NAFTA, the 
Agreement would revive between them and these rules again would apply.

Rule 2

    Rule 2 has been amended by deleting the provision that the Article 
1904 Panel Rules shall not be construed to extend or limit the 
jurisdiction of the panels. This provision is inconsistent with rule 7. 
As amended, the final sentence of rule 2 clarifies that the Agreement 
prevails where there is an inconsistency or ambiguity between the 
Article 1904 Panel Rules and the Agreement.

Rule 2A

    Rule 2A has been added to provide that these amendments to the 
rules shall not apply to any panel proceeding pending on January 1, 
1994 where, in the opinion of the panel, their application would be 
impracticable or would be prejudicial to a participant.

Rule 3

    The definition of ``Disclosure Undertaking'' has been added to 
eliminate the need to refer to the form of the undertaking in the body 
of the Article 1904 Panel Rules or in an attached schedule.
    The definition of ``investigating authority'' has been amended to 
include a delegation of power by the competent investigating authority 
in matters regarding the issuance, amendment, modification and 
revocation of Disclosure Orders and Protective Orders.
    The definition of ``Protective Order Application'' has been added 
to eliminate the need to refer to the form of the application in the 
body of the Article 1904 Panel Rules or in an attached schedule.
    The definition of ``service address'' has been rephrased to clarify 
that an address, rather than a facsimile number, is the principal 
service address.
    The definition of ``service list'' with respect to a panel review 
where the final determination was made in Canada has been amended to 
clarify that the panel review process is restricted to goods of the 
United States.

Rule 15

    Subrule 15(a) has been amended to ensure that a document containing 
proprietary or privileged information filed with the responsible 
Secretariat is treated in accordance with the terms of an applicable 
Disclosure Order or Protective Order.

Rule 22

    In subrule 22(1), the cross-reference to rule 52 has been deleted 
because a person now must file with the responsible Secretariat one 
original and eight copies of a Disclosure Order or Protective Order, or 
any amendment or modification thereto, or notice of revocation thereof. 
The cross-reference to subrule 75(2)(a) was added because only one copy 
of a supplementary remand record must be filed.

Rule 23

    Rule 23 has been amended to clarify the responsibilities of the 
responsible Secretary for the service of documents. Under subrule (a), 
the responsible Secretary is no longer required to serve Complaints 
other than on the Parties. Now, a complainant is required under subrule 
24(5) to serve a Complaint on the investigating authority and on all 
persons on the service list.
    Subrule 23(c) has been amended so that the responsible Secretary 
serves Notices of Appearance only on the participants.
    Subrule 23(d) has been amended to require that the responsible 
Secretary serve participants only with those Disclosure Orders and 
Protective Orders, any amendments or modifications thereto, and notices 
of revocation thereof granted to panelists, court reporters or 
translators. Now, subrule 24(1) provides that participants must serve 
their own Disclosure Orders and Protective Orders, any amendments or 
modifications thereto, and notices of revocation thereof. Subrule 23(d) 
also has been amended to require that the responsible Secretary serve 
participants with Notices of Final Panel Action.

Rule 24

    Subrule 24(1) has been amended to add supplementary remand records 
to the list of documents exempt from the service requirements of 
subrule (1). Subrule (5) has been added to provide that a complainant, 
and not the responsible Secretary, is required to serve a Complaint on 
the investigating authority and on all persons listed on the service 
list.

Rule 33

    Subrule 33(1)(a) has been amended to conform with the statutory 
requirement that a party provide timely notice of its intent to 
commence judicial review in cases involving Canadian merchandise. 19 
U.S.C. 1516a(g)(3)(B). An interested person who intends to commence 
judicial review of a final determination made in the United States must 
serve a Notice of Intent to Commence Judicial Review on both 
Secretaries, the investigating authority, and all persons listed on the 
service list within 20 days of the date the final determination was 
published in the Federal Register, or within 20 days of the date on 
which notice of the final determination was received by the other Party 
if the final determination was not published in the Federal Register.

Rule 35

    Subrule 35(1)(c)(ii) has been amended to clarify that any person 
who does not file a Complaint but intends to participate in the panel 
review must file a Notice of Appearance.

Rule 36

    Rule 36, which provided for joint panel review of final 
determinations of dumping or subsidization with final determinations of 
affirmative injury, has been removed because the procedure had never 
been applied successfully in any panel review.

Rule 37

    Rule 37 requires joint panel review where a final affirmative 
antidumping or countervailing duty determination for a particular good 
and a final negative injury determination for that same good are both 
subject to a request for panel review.

Rule 38

    Rule 38, which provides for the applicable periods in joint panel 
reviews, has been amended to account for the removal of rule 36, to 
clarify the event triggering the time period fixed for joint panel 
review pursuant to rule 37 and to provide, on motion, for the 
possibility of alternative time periods for final antidumping or 
countervailing duty determinations subject to joint panel review.
    Subrule 38(1) provides that in a joint panel review pursuant to 
rule 37, the time period fixed for review of the final negative injury 
determination applies to both panel reviews. This subrule has been 
amended to specify that the time period fixed for a joint panel review 
commences with the date fixed for filing briefs under rule 60.
    Subrule 38(2) now incorporates the substance of former subrule 
38(3) and provides that in a joint panel review, the decision on the 
final negative injury determination will be issued first, unless the 
panel orders a different timetable. Subrule 38(2) also provides that 
where there is a Determination on Remand and where that Determination 
on Remand is affirmative, the panel will then issue its decision on the 
final antidumping or countervailing duty determination.
    Subrule 38(3) has been added to allow participants to bring a 
motion requesting that alternate time periods be fixed for review of 
the final antidumping or countervailing duty determination. Subrule 
38(4) has been added to specify the time period fixed for filing such a 
motion. Subrule 38(5) has been added to provide that where a panel has 
not issued a ruling on such a motion within 30 days or has not 
otherwise ordered, the motion is deemed denied and the timing set out 
in subrules 38(1) and (2) applies.

Rule 39

    Subrule 39(1) has been amended to require that, in addition to 
filing the Complaint with the responsible Secretary, the complainant is 
now required serve the Complaint on the investigating authority and on 
all persons listed on the service list.
    Subrule (4) has been amended to indicate that the time period for 
filing an amended Complaint is mandatory.
    The substance of subrule (5) has been split into subrules (5) and 
(6) for greater clarity. Subrule (5) addresses the period within which 
an amended Complaint may be filed out of time. Subrule (6) sets out the 
procedure for seeking leave to file an amended Complaint.

Rule 40

    Subrule 40(1)(c) has been amended to clarify the reasons for which 
a Notice of Appearance may be filed. Subrule (2) has been amended to 
reflect the amendments made consequentially to subrule (1)(c).

Rule 41

    Rule 41 has been amended to streamline the procedures for filing 
and service of the record for review. Subrule (1) has been amended to 
remove the requirement that a Designation of Record be filed and to 
extend the time period for filing an Index to 15 days after the 
deadline for filing Notices of Appearance. Consequently, the 
investigating authority is now required to file the following documents 
with the responsible Secretariat within 15 days after the expiration of 
the time period fixed for filing a Notice of Appearance: nine copies of 
the final determination, two copies of an Index, and two copies of the 
administrative record. As well, the investigating authority is now 
required to serve a copy of the Index on all participants.
    New subrule (4) addresses the filing of privileged information and 
has been amended to provide that the investigating authority may waive 
its privilege and voluntarily file privileged information in a panel 
review.

Rule 43

    Rule 43 has been amended consequentially to the amendments to rule 
41. Rule 43, which addressed the filing of a portion of the 
administrative record, has been removed because rule 41 now requires 
that two complete copies of the record are to be filed with the 
responsible Secretary.

Rule 45

    Rule 45 has been amended to clarify that assistants to panelists 
are covered by the Code of Conduct and to specify that a participant is 
required to notify the responsible Secretary, not the Parties, of an 
alleged violation of the Code of Conduct by a panelist or an assistant. 
The responsible Secretary is now required to notify the other Secretary 
and the Parties of the allegations. This reflects procedures developed 
by the governments for appropriate handling of such allegations.

Rule 48

    Subrule 48(b) has been amended to limit filings of Disclosure 
Undertakings and Protective Order Applications with the Secretary to 
one original and any additional copies that the investigating authority 
requires. Because the definitions of Disclosure Undertaking and 
Protective Order Application have been revised to indicate that the 
forms are available from the investigating authority, there is no 
longer a need for Schedules A or B.

Rule 51

    Subrule 51(2) has been amended to clarify that the panel may 
consider not only whether the terms of a Disclosure Order or Protective 
Order should be modified, but also whether they should be amended.
    Subrule 51(3) has been amended to clarify the powers of a panel 
where a final determination is made in the United States and the 
competent investigating authority fails to comply with a panel 
notification to issue or modify a Disclosure Order or Protective Order. 
If the panel disagrees with the investigating authority's handling of a 
Disclosure Undertaking or Protective Order Application, the only 
sanction it can take is against the investigating authority. The 
sanction cannot be detrimental to the interests of the other 
participants in the panel review.

Rule 52

    Subrule 52(2) has been amended to provide that where a Disclosure 
Order or Protective Order is amended, modified or revoked, the 
competent investigating authority shall provide the responsible 
Secretariat with a copy of the amendment, modification or Notice of 
Revocation.

Rule 53

    Rule 53 has been removed because it was redundant and did not 
accurately reflect current practice.

Rule 55

    Subrules 55(3) and 55(5) have been amended to ensure that, where 
the competent investigating authority files with the responsible 
Secretary a document under seal, the two panelists delegated to examine 
the document have an obligation to do so.

Rule 56

    Subrule 56(a) has been amended to make clear that members of the 
Secretariat staff and others are eligible to receive access to 
documents disclosed pursuant to rule 55 and to provide that members of 
any future Extraordinary Challenge Committee and their assistants may 
have access to these documents, if necessary.
    The substance of subrule (b) has been removed to subrule (c). New 
subrule (b) has been added to specify the procedure by which a panel 
identifies who is entitled to access to a document containing 
privileged information.

Rule 59

    Subrules 59 (1)(b) and (2)(b) have been amended to allow the filing 
of pleadings containing non-proprietary and non-privileged information 
no later than one day after the filing of pleadings containing the 
proprietary or privileged information.
    The cross-referencing in subrule 60(1) has been revised to account 
for the merging of time lines in joint panel reviews under subrule 
38(1).

Rule 62

    Subrule 62(1) has been restructured to distinguish between a table 
of contents and a table of authorities.

Rule 62A

    Subrule 62A(1) has been amended to clarify the contents and 
organization of materials contained in an appendix. It now provides, 
among other things, that the appendix should include copies of all 
treaty and statutory references as well as copies of those cases 
primarily relied on in the briefs.

Rule 64

    Rule 64 has been amended to add a cross-reference to subrule 77(5), 
which provides for no right of response to a motion for re-examination 
of a panel order or decision.

Rule 65

    Rule 65 incorporates the substance of old rule 66.

Rule 66

    New rule 66 incorporates the substance of old rule 65 and has been 
amended to provide that a panel may hear oral argument in person as 
well as by telephone conference call.

Rule 69

    Subrule 69(4) has been added to clarify that oral argument shall be 
conducted by counsel of record or, where a participant is an individual 
who has not retained counsel, by the participant.

Rule 75

    Subrule 75(4) has been amended by adding the phrase ``after the 
later of'' to clarify the time period for the issuance of an order by 
the panel. In addition, subrule 75(4) has been amended to delete the 
cross-reference to rule 74 because rule 74 requires that a panel 
decision include reasons, which an order affirming uncontested remand 
results does not require.

Rule 77

    Subrules 77 (5), (6) and (7) have been added as a result of the 
addition of rule 79A, which provides for the issuance of a Notice of 
Final Panel Action. Under former subrule 77(5), issuance of a Notice of 
Completion could effectively deny a motion under subrule 77(1). Because 
rule 79A could have the effect of denying a motion under subrule 77(1), 
new subrule 77(5) has been added to clarify that there is no right of 
response to a motion for re-examination of a panel order or decision 
except at the discretion of the panel.
    Subrule 77(6) has been added to specify the procedure a panel shall 
follow on a motion for re-examination of a decision, including a seven-
day deadline to conform with the new scheme set forth in rule 79A.
    To prevent a situation in which fewer than all five panelists are 
available, subrule 77(7) has been added to provide that the concurrence 
of only three panelists is required to issue a decision or order on a 
motion for re-examination.

Rule 79A

    Rule 79A provides for the issuance of a Notice of Final Panel 
Action. This rule has been added because the panel rules did not 
clearly set out when the time period begins to run for filing a Request 
for an Extraordinary Challenge Committee. Now, issuance of a rule 79A 
Notice will begin the time period for filing such a Request. Subrule 
79A(1) provides that when a panel issues what it considers to be its 
last order or decision, the panel shall direct the responsible 
Secretary to issue a Notice of Final Panel Action on the eleventh day 
thereafter. Issuance of this Notice on the eleventh day is provided for 
because under subrule 77(1) participants may file a motion for re-
examination of the panel's last decision within 10 days after a panel 
issues its decision. Subrule 79A(2) provides for the issuance of a 
Notice of Final Panel Action in cases where a motion for re-examination 
is filed pursuant to subrule 77(1).

Rule 80

    Rule 80, which provides for the publication of a Notice of 
Completion of Panel Review, has been amended as a result of the 
addition of rule 79A. Subrule 80(a) provides that a Notice of 
Completion of Panel Review is effective on the day on which a panel 
review is terminated by consent of all participants. Subrule (a) takes 
into account the fact that where all participants consent to 
termination of panel review, there is no reason to request the 
establishment of an Extraordinary Challenge Committee. Subrule (b) 
provides that in any other case, a Notice of Completion of Panel Review 
is effective on the 31st day following the date on which the 
responsible Secretary issues a Notice of Final Panel Action.

Rules of Procedure for Article 1904 Binational Panel Reviews, United 
States-Canada Free Trade Agreement

Contents

Preamble

Rule

1. Short Title
1A. Application
2. Statement of General Intent
3. Interpretation

Part I--General

6. Duration and Scope of Panel Review
8. Responsibilities of the Secretary
17. Internal Functioning of Panels
19. Computation of Time
21. Counsel of Record
22. Filing, Service and Communications
28. Pleadings and Simultaneous Translation of Panel Reviews in 
Canada
32. Costs

Part II--Commencement of Panel Review

33. Notice of Intent to Commence Judicial Review
34. Request for Panel Review
37. Joint Panel Reviews
39. Complaint
40. Notice of Appearance
41. Record for Review

Part III--Panels

44. Announcement of Panel
45. Violation of Code of Conduct

Part IV--Proprietary Information and Privileged Information

46. Filing or Service under Seal
48. Disclosure Orders and Protective Orders
55. Privileged Information
57. Violations of Disclosure Undertakings and Protective Orders

Part V--Written Proceedings

58. Form and Content of Pleadings
60. Filing of Briefs
61. Failure to File Briefs
62. Content of Briefs and Appendices
62A. Appendix to the Briefs
63. Motions

Part VI--Oral Proceedings

67. Location
68. Pre-hearing Conference
69. Oral Argument
70. Subsequent Authorities
71. Oral Proceedings in Camera

Part VII--Decisions and Completion of Panel Reviews

72. Orders, Decisions and Terminations
75. Panel Review of Action on Remand
76. Re-examination of Orders and Decisions
78. Delay in Delivery of Decisions

Part VIII--Completion of Panel Review

Schedule--Procedural Forms

Preamble

    The Parties,
    Having regard to Chapter Nineteen of the Free Trade Agreement 
between Canada and the United States of America;
    Acting pursuant to Article 1904.14 of the Agreement;
    Adopted Rules of Procedure governing all panel reviews conducted 
pursuant to Article 1904 of the Agreement;
    Adopt the following amended Rules of Procedure, effective on the 
date of publication in the Federal Register, which from that day shall 
govern all panel reviews conducted pursuant to Article 1904 of the 
Agreement.

Short Title

    1. These rules may be cited as the Article 1904 Panel Rules.

Application

    1A. These rules apply to a panel review of a final determination, 
unless any rules of procedure made pursuant to Article 1904 of the 
North American Free Trade Agreement are in force and apply to a panel 
review of a final determination.

Statement of General Intent

    2. These rules are intended to give effect to the provisions of 
Chapter Nineteen of the Agreement with respect to panel reviews 
conducted pursuant to Article 1904 of the Agreement and are designed to 
result in decisions of panels within 315 days after the commencement of 
the panel review. The purpose of these rules is to secure the just, 
speedy and inexpensive review of final determinations in accordance 
with the objectives and provisions of Article 1904. Where a procedural 
question arises that is not covered by these rules, a panel may adopt 
the procedure to be followed in the particular case before it by 
analogy to these rules or may refer for guidance to rules of procedure 
of a court that would otherwise have had jurisdiction in the importing 
country. In the event of any ambiguity or inconsistency between the 
provisions of these rules and the Agreement, the Agreement shall 
prevail.
    2A. Where, in respect of a panel proceeding for which a request for 
panel review was made before January 1, 1994, the application of these 
rules would, in the opinion of the panel, be impracticable or would be 
prejudicial to a participant, the panel may:
    (a) Apply one or more of the rules of procedure for Article 1904 
panel proceedings that were in effect at the time the request for panel 
review was made; or
    (b) Make such order, not inconsistent with the Agreement, as in the 
panel's opinion is in the circumstances required.

Interpretation

    3. In these rules,
    ``Agreement'' means the Free Trade Agreement between Canada and the 
United States of America, signed on January 2, 1988;
    ``Code of Conduct'' means the code of conduct established by the 
Parties pursuant to Article 1910 of the Agreement;
    ``Complainant'' means a Party or interested person who files a 
Complaint pursuant to rule 39;
    ``Counsel'' means:
    (a) With respect to a panel review of a final determination made in 
the United States, a person entitled to appear as counsel before a 
federal court in the United States, and
    (b) With respect to a panel review of a final determination made in 
Canada, a person entitled to appear as counsel before the Federal Court 
of Canada;
    ``Counsel of record'' means a counsel referred to in subrule 21(1);
    ``Deputy Minister'' means the Deputy Minister of National Revenue 
for Customs and Excise, or the successor thereto, and includes any 
person authorized to perform a power, duty or function of the Deputy 
Minister under the Special Import Measures Act, as amended;
    ``Disclosure Undertaking'' means an undertaking in the prescribed 
form, which form
    (a) In respect of a review of a final determination by the Deputy 
Minister, is available from the Deputy Minister, and
    (b) In respect of a review of a final determination by the 
Tribunal, is available from the Tribunal;
    ``Final determination'' means, in the case of Canada, a definitive 
decision within the meaning of subsection 77.1(1) of the Special Import 
Measures Act, as amended;
    ``First Request for Panel Review'' means
    (a) Where only one Request for Panel Review is filed for review of 
a final determination, that Request, and
    (b) Where more than one Request for Panel Review is filed for 
review of the same final determination, the Request that is filed 
first;
    ``Government information'' means:
    (a) With respect to a panel review of a final determination made in 
the United States, information classified in accordance with Executive 
Order No. 12065 or its successor, and
    (b) With respect to a panel review of a final determination made in 
Canada, information
    (i) The disclosure of which would be injurious to international 
relations or national defence or security,
    (ii) That constitutes a confidence of the Queen's Privy Council for 
Canada, or
    (iii) Contained in government-to-government correspondence that is 
transmitted in confidence;
    ``Interested person'' means a person who, pursuant to the laws of 
the country in which a final determination was made, would be entitled 
to appear and be represented in a judicial review of the final 
determination;
    ``Investigating authority'' means the competent investigating 
authority that issued the final determination subject to review and 
includes, in respect of the issuance, amendment, modification or 
revocation of a Disclosure Order or Protective Order, any person 
authorized by the investigating authority;
    ``Legal holiday'' means
    (a) With respect to the United States Section of the Secretariat, 
every Saturday and Sunday, New Year's Day (January 1), Martin Luther 
King's Birthday (third Monday in January), Presidents' Day (third 
Monday in February), Memorial Day (last Monday in May), Independence 
Day (July 4), Labor Day (first Monday in September), Columbus Day 
(second Monday in October), Veterans' Day (November 11), Thanksgiving 
Day (fourth Thursday in November), Christmas Day (December 25), any day 
designated as a holiday by the President or the Congress of the United 
States and any day on which the offices of the Government of the United 
States located in the District of Columbia are officially closed in 
whole or in part, and
    (b) With respect to the Canadian Section of the Secretariat, every 
Saturday and Sunday, New Year's Day (January 1), Good Friday, Easter 
Monday, Victoria Day, Canada Day (July 1), Labour Day (first Monday in 
September), Thanksgiving Day (second Monday in October), Remembrance 
Day (November 11), Christmas Day (December 25), Boxing Day (December 
26), any other day fixed as a statutory holiday by the Government of 
Canada or by the province in which the Section is located and any day 
on which the offices of the Canadian Section of the Secretariat are 
officially closed in whole or in part;
    ``Panel'' means a binational panel established pursuant to Annex 
1901.2 to Chapter Nineteen of the Agreement for the purpose of 
reviewing a final determination;
    ``Participant'' means any of the following persons who files a 
Complaint pursuant to rule 39 or a Notice of Appearance pursuant to 
rule 40:
    (a) A Party,
    (b) An investigating authority, and
    (c) An interested person;
    ``Party'' means the Government of Canada or the Government of the 
United States;
    ``Person'' means:
    (a) An individual,
    (b) A Party,
    (c) An investigating authority,
    (d) A government of a province, state or other political 
subdivision of the country of a Party,
    (e) A department, agency or body of a Party or of a government 
referred to in paragraph (d), or
    (f) A partnership, corporation or association;
    ``Pleading'' means a Request for Panel Review, a Complaint, a 
Notice of Appearance, a Change of Service Address, a Designation of 
Record, a Notice of Motion, a Notice of Change of Counsel of Record, a 
brief or any other written submission filed by a participant;
    ``Privileged information'' means:
    (a) With respect to a panel review of a final determination made in 
the United States, information of the investigating authority that is 
subject to the attorney-client, attorney work product or government 
deliberative process privilege under the laws of the United States with 
respect to which the privilege has not been waived, and
    (b) With respect to a panel review of a final determination made in 
Canada, information of the investigating authority that is subject to 
solicitor-client privilege under the laws of Canada, or that 
constitutes part of the deliberative process with respect to the final 
determination, and with respect to which the privilege has not been 
waived;
    ``Proof of service'' means:
    (a) With respect to a panel review of a final determination made in 
the United States, a certificate of service in the form of a statement 
of the date and manner of service and of the name of the person served, 
signed by the person who made service, and
    (b) With respect to a panel review of a final determination made in 
Canada,
    (i) An affidavit of service stating by whom the document was 
served, the day of the week and date on which it was served, where it 
was served and the manner of service, or
    (ii) An acknowledgement of service by counsel for a participant 
stating by whom the document was served, the day of the week and date 
on which it was served and the manner of service and, where the 
acknowledgement is signed by a person other than the counsel, the name 
of that person followed by a statement that the person is signing as 
agent for the counsel;
    ``Proprietary information'' means:
    (a) With respect to a panel review of a final determination made in 
the United States, business proprietary information under the laws of 
the United States, and
    (b) With respect to a panel review of a final determination made in 
Canada, information that was accepted by the Deputy Minister or the 
Tribunal as confidential in the proceedings before the Deputy Minister 
or the Tribunal and with respect to which the person who designated or 
submitted the information has not withdrawn the person's claim as to 
the confidentiality of the information;
    ``Protective Order Application'' means an application,
    (a) In respect of a review of a final determination by the 
International Trade Administration of the United States Department of 
Commerce, in a form prescribed by, and available from, the 
International Trade Administration of the United States Department of 
Commerce; and
    (b) In respect of a review of a final determination by the United 
States International Trade Commission, in a form prescribed by, and 
available from, the United States International Trade Commission;
    ``Responsible Secretariat'' means the section of the Secretariat 
located in the country in which the final determination under review 
was made;
    ``Responsible Secretary'' means the Secretary of the responsible 
Secretariat;
    ``Secretariat'' means the Secretariat established pursuant to 
Article 1909 of the Agreement;
    ``Secretary'' means the Secretary of the United States Section or 
the Secretary of the Canadian Section of the Secretariat and includes 
any person authorized to act on behalf of the Secretary;
    ``Service address'' means:
    (a) With respect to a Party, the address filed with the Secretariat 
as the service address of the Party, including any facsimile number 
submitted with that address,
    (b) With respect to a person other than a Party, the address of the 
counsel of record for the person, including any facsimile number 
submitted with that address or, where the person is not represented by 
counsel, the address set out by the person in a Request for Panel 
Review, Complaint or Notice of Appearance as the address at which the 
person may be served, including any facsimile number submitted with 
that address, or
    (c) Where a Change of Service Address has been filed by a Party or 
the person, the new address set out as the service address in that 
form, including any facsimile number submitted with that address;
    ``Service list'' means, with respect to a panel review,
    (a) Where the final determination was made in the United States, 
the list maintained by the investigating authority of persons who have 
been served in the proceedings leading to the final determination, and
    (b) Where the final determination was made in Canada, a list 
comprising the government of the United States and
    (i) In the case of a final determination made by the Deputy 
Minister, persons named on the list maintained by the Deputy Minister 
who participated in the proceedings before the Deputy Minister and who 
were exporters of goods of the United States, importers of goods of the 
United States or complainants referred to in section 34 of the Special 
Import Measures Act, as amended; and
    (ii) In the case of a final determination made by the Tribunal, 
persons named on the list maintained by the Tribunal of parties in the 
proceedings before the Tribunal who were exporters of goods of the 
United States, importers of goods of the United States, complainants 
referred to in section 31 of the Special Import Measures Act, as 
amended, or other domestic parties whose interest in the findings of 
the Tribunal is with respect to goods of the United States;
    ``Tribunal'' means the Canadian International Trade Tribunal or its 
successor and includes any person authorized to act on its behalf.
    4. The definitions set forth in Article 1911 of the Agreement are 
hereby incorporated into these rules.
    5. Where these rules require that notice be given, it shall be 
given in writing.

Part I--General

Duration and Scope of Panel Review

    6. A panel review commences on the day on which a first Request for 
Panel Review is filed with the Secretariat and terminates on the day on 
which a Notice of Completion of Panel Review is effective.
    7. A panel review shall be limited to
    (a) The allegations of error of fact or law, including challenges 
to the jurisdiction of the investigating authority, that are set out in 
the Complaints filed in the panel review; and
    (b) Procedural and substantive defenses raised in the panel review.

Responsibilities of the Secretary

    8. The normal business hours of the Secretariat, during which the 
offices of the Secretariat shall be open to the public, shall be from 9 
a.m. to 5 p.m. on each weekday other than
    (a) In the case of the United States Section of the Secretariat, 
legal holidays of that Section; and
    (b) In the case of the Canadian Section of the Secretariat, legal 
holidays of that Section.
    9. The responsible Secretary shall provide administrative support 
for each panel review and shall make the arrangements necessary for the 
oral proceedings and meetings of each panel.
    10. (1) Each Secretary shall maintain a file for each panel review. 
Subject to subrules (3) and (4), the file shall be comprised of either 
the original or a copy of all documents filed, whether or not filed in 
accordance with these rules, in the panel review.
    (2) The file number assigned to a first Request for Panel Review 
shall be the Secretariat file number for all documents filed or issued 
in that panel review. All documents filed shall be stamped by the 
Secretariat to show the date and time of receipt.
    (3) Where, after notification of the selection of a panel pursuant 
to rule 44, a document is filed that is not provided for in these rules 
or that is not in accordance with the rules, the responsible Secretary 
may refer the unauthorized filing to the chairperson of the Panel for 
instructions, provided such authority has been delegated by the Panel 
to its chairperson pursuant to rule 17.
    (4) On a referral referred to in subrule (3), the chairperson may 
instruct the Secretary to
    (a) Retain the document in the file, without prejudice to a motion 
to strike such document; or
    (b) return the document to the person who filed the document, 
without prejudice to a motion for leave to file the document.
    11. The responsible Secretary shall forward to the other Secretary 
a copy of all documents filed in the office of the responsible 
Secretary in a panel review and of all orders and decisions issued by 
the panel.
    12. Where under these rules a responsible Secretary is required to 
cause a notice or other document to be published in the Canada Gazette 
and the Federal Register, the responsible Secretary and the other 
Secretary shall each cause the document to be published in the 
publication of the country in which that section of the Secretariat is 
located.
    13. (1) Each Secretary and every member of the staff of the 
Secretariat shall, before taking up duties, file
    (a) a Disclosure Undertaking with the Deputy Minister and the 
Tribunal; and
    (b) a Protective Order Application with the International Trade 
Administration of the United States Department of Commerce and the 
United States International Trade Commission.
    (2) Where a Secretary or a member of the staff of the Secretariat 
files a Disclosure Undertaking or Protective Order Application in 
accordance with subrule (1), the appropriate investigating authority 
shall issue to the Secretary or to the member a Disclosure Order or a 
Protective Order.
    14. (1) The responsible Secretary shall file with the investigating 
authority one original and any additional copies that the investigating 
authority requires of any Disclosure Undertaking or Protective Order 
Application, and any amendments or modifications thereto, filed by a 
panelist, assistant to a panelist, court reporter or translator 
pursuant to rule 49.
    (2) The responsible Secretary shall ensure that every panelist, 
assistant to a panelist, court reporter and translator, before taking 
up duties in a panel review, files with the responsible Secretariat
    (a) in the case of a panelist, a copy of a Disclosure Order or 
Protective Order, signed by the panelist; and
    (b) in any other case, a copy of a Disclosure Order or Protective 
Order.
    (3) The responsible Secretary shall ensure that every panelist, 
assistant to a panelist, court reporter and translator files with the 
responsible Secretariat any amendment or modification to, or revocation 
of, a Disclosure Order or Protective Order issued by the investigating 
authority.
    15. Where a document containing proprietary information or 
privileged information is filed with the responsible Secretariat, each 
Secretary shall ensure that
    (a) the document is stored, maintained, handled, and distributed in 
accordance with the terms of an applicable Disclosure Order or 
Protective Order;
    (b) the wrapper of the document is clearly marked to indicate that 
it contains proprietary information or privileged information; and
    (c) access to the document is limited to officials of, and counsel 
for, the investigating authority whose final determination is under 
review and
    (i) in the case of proprietary information, the person who 
submitted the proprietary information to the investigating authority or 
counsel for that person and any persons who have been granted access to 
the information under a Disclosure Order or Protective Order with 
respect to the document, and
    (ii) in the case of privileged information filed in a panel review 
of a final determination made in the United States, persons with 
respect to whom the panel has ordered disclosure of the privileged 
information under rule 55, if the persons have filed with the 
responsible Secretariat a Protective Order with respect to the 
document.
    16. (1) Each Secretary shall permit access by any person to the 
information in the file in a panel review that is not proprietary 
information or privileged information and shall provide copies of that 
information on request and payment of an appropriate fee.
    (2) Each Secretary shall, in accordance with subrule 15(c) and the 
terms of the applicable Disclosure Order, Protective Order or order of 
the panel,
    (a) permit access to proprietary information or privileged 
information in the file of a panel review; and
    (b) on payment of an appropriate fee, provide a copy of the 
information referred to in subrule (a).
    (3) No document filed in a panel review shall be removed from the 
offices of the Secretariat except in the ordinary course of the 
business of the Secretariat or pursuant to the direction of a panel.

Internal Functioning of Panels

    17. (1) A panel may adopt its own internal procedures, not 
inconsistent with these rules, for routine administrative matters.
    (2) A panel may delegate to its chairperson
    (a) the authority to accept or reject filings in accordance with 
subrule 10(4); and
    (b) the authority to grant motions consented to by all 
participants, other than a motion filed pursuant to rule 20 or 55, a 
motion for remand of a final determination or a motion that is 
inconsistent with an order or decision previously made by the panel.
    (3) A decision of the chairperson referred to in subrule (2) shall 
be issued as an order of the panel.
    (4) Subject to subrule 26(b), meetings of a panel may be conducted 
by means of a telephone conference call.
    18. Only panelists may take part in the deliberations of a panel, 
which shall take place in private and remain secret. Staff of the 
Secretariat and assistants to panelists may be present by permission of 
the panel.

Computation of Time

    19. (1) In computing any time period fixed in these rules or by an 
order or decision of a panel, the day from which the time period begins 
to run shall be excluded and, subject to subrule (2), the last day of 
the time period shall be included.
    (2) Where the last day of a time period computed in accordance with 
subrule (1) falls on a legal holiday of the responsible Secretariat, 
that day and any other legal holidays of the responsible Secretariat 
immediately following that day shall be excluded from the computation.
    20. (1) A panel may extend any time period fixed in these rules if
    (a) adherence to the time period would result in unfairness or 
prejudice to a participant or the breach of a general legal principle 
of the country in which the final determination was made;
    (b) the time period is extended only to the extent necessary to 
avoid the unfairness, prejudice or breach;
    (c) the decision to extend the time period is concurred in by four 
of the five panelists; and
    (d) in fixing the extension, the panel takes into account the 
intent of the rules to secure just, speedy and inexpensive reviews of 
final determinations.
    (2) A participant may request an extension of time by filing a 
Notice of Motion not later than the tenth day prior to the last day of 
the time period. Any response to the Notice of Motion shall be filed 
not later than seven days after the Notice of Motion is filed.
    (3) A participant who fails to request an extension of time 
pursuant to subrule (2) may file a notice of motion for leave to file 
out of time, which shall include reasons why additional time is 
required and why the participant has failed to comply with the 
provisions of subrule (2).
    (4) The panel will normally rule on such a motion before the last 
day of the time period which is the subject of the motion.

Counsel of Record

    21. (1) A counsel who signs a document filed pursuant to these 
rules on behalf of a participant shall be the counsel of record for the 
participant from the date of filing until a change is effected in 
accordance with subrule (2).
    (2) A participant may change its counsel of record by filing with 
the responsible Secretariat a Notice of Change of Counsel of Record 
signed by the new counsel, together with proof of service on the former 
counsel and other participants.

Filing, Service and Communications

    22. (1) Subject to subrules 14(3) and 48(1), rule 49 and subrules 
55 (3) and (4) and 75(2)(a), no document is filed with the Secretariat 
until one original and eight copies of the document are received by the 
responsible Secretariat during its normal business hours and within the 
time period fixed for filing.
    (2) Receipt, date and time stamping or placement in the file of a 
document by the responsible Secretariat does not constitute a waiver of 
any time period fixed for filing or an acknowledgement that the 
document has been filed in accordance with these rules.
    23. The responsible Secretary shall be responsible for the service 
of
    (a) Notices of Intent to Commence Judicial Review and Complaints on 
each Party;
    (b) Requests for Panel Review on the Parties, the investigating 
authority and the persons listed on the service list;
    (c) Notices of Appearance on the participants; and
    (d) Disclosure Orders and Protective Orders granted to panelists, 
assistants to panelists, court reporters or translators and any 
amendments or modifications thereto or notices of revocation thereof 
referred to in subrules 14 (2) and (3), decisions and orders of a 
panel, Notices of Final Panel Action and Notices of Completion of Panel 
Review on the participants.
    24. (1) Subject to subrules (4) and (5), all documents filed by a 
participant, other than the administrative record, any supplementary 
remand record and any document required by rule 23 to be served by the 
responsible Secretary, shall be served by the participant on the 
counsel of record of each of the other participants, or where a 
participant is not represented by counsel, on the participant.
    (2) A proof of service shall appear on, or be affixed to, all 
documents referred to in subrule (1).
    (3) Where a document is served by expedited delivery courier or 
expedited mail service, the date of service set out in the affidavit of 
service or certificate of service shall be the day on which the 
document is consigned to the courier service or is mailed.
    (4) A document containing proprietary information or privileged 
information shall be filed and served under seal in accordance with 
rule 46, and shall be served only on
    (a) the investigating authority; and
    (b) participants who have been granted access to the proprietary 
information or privileged information under a Disclosure Order, 
Protective Order or order of the panel.
    (5) A complainant shall serve a Complaint on the investigating 
authority and on all persons listed on the service list.
    25. Subject to subrule 26(a), a document may be served by
    (a) delivering a copy of the document to the service address of the 
participant;
    (b) sending a copy of the document to the service address of the 
participant by facsimile transmission or by expedited delivery courier 
or expedited mail service, such as express mail in the United States or 
Priority Post in Canada; or
    (c) personal service on the participant.
    26. Where proprietary information or privileged information is 
disclosed in a panel review to a person pursuant to a Disclosure Order 
or Protective Order, the person shall not
    (a) file, serve or otherwise communicate the proprietary 
information or privileged information by facsimile transmission; or
    (b) communicate the proprietary information or privileged 
information by telephone.
    27. Service on an investigating authority does not constitute 
service on a Party and service on a Party does not constitute service 
on an investigating authority.

Pleadings and Simultaneous Translation of Panel Reviews in Canada

    28. Rules 29 to 31 apply with respect to a panel review of a final 
determination made in Canada.
    29. Either English or French may be used by any person or panelist 
in any document or oral proceeding.
    30. (1) Subject to subrule (2), any order or decision including the 
reasons therefor, issued by a panel shall be made available 
simultaneously in both English and French where
    (a) in the opinion of the panel, the order or decision is in 
respect of a question of law of general public interest or importance; 
or
    (b) the proceedings leading to the issuance of the order or 
decision were conducted in whole or in part in both English and French.
    (2) Where
    (a) an order or decision issued by a panel is not required by 
subrule (1) to be made available simultaneously in English and French, 
or
    (b) an order or decision is required by subrule (1)(a) to be made 
available simultaneously in both English and French but the panel is of 
the opinion that to make the order or decision available simultaneously 
in both English and French would occasion a delay prejudicial to the 
public interest or result in injustice or hardship to any participant, 
the order or decision, including the reasons therefor, shall be issued 
in the first instance in either English or French and thereafter at the 
earliest possible time in the other language, each version to be 
effective from the time the first version is effective.
    (3) Nothing in subrule (1) or (2) shall be construed as prohibiting 
the oral delivery in either English or French of any order or decision 
or any reasons therefor.
    (4) No order or decision is invalid by reason only that it was not 
made or issued in both English and French.
    31. (1) Any oral proceeding conducted in both English and French 
shall be translated simultaneously.
    (2) Where a participant requests simultaneous translation of oral 
proceedings in a panel review, the request shall be made as early as 
possible in the panel review and preferably at the time of filing a 
Complaint or Notice of Appearance.
    (3) Where the chairperson of a panel is of the opinion that there 
is a public interest in the panel review, the chairperson may direct 
the responsible Secretary to arrange for simultaneous translation of 
any of the oral proceedings in the panel review.

Costs

    32. Each participant shall bear the costs of, and those incidental 
to, its own participation in a panel review.

Part II--Commencement of Panel Review

Notice of Intent To Commence Judicial Review

    33. (1) Where an interested person intends to commence judicial 
review of a final determination, the interested person shall.
    (a) where the final determination was made in the United States, 
within 20 days after the date referred to in the Federal Register 
citation referred to in subrule (3)(b) or the date referred to in 
subrule (3)(c), serve a Notice of Intent to Commence Judicial Review on
    (i) both Secretaries,
    (ii) the investigating authority, and
    (iii) all persons listed on the service list; and
    (b) where the final determination was made in Canada, serve a 
Notice of Intent to Commence Judicial Review on both Secretaries and on 
all persons listed on the service list.
    (2) Where the final determination referred to in subrule (1) was 
made in Canada, the Secretary of the Canadian Section shall serve a 
copy of the Notice of Intent to Commence Judicial Review on the 
investigating authority.
    (3) Every Notice of Intent to Commence Judicial Review referred to 
in subrule (1) shall include the following information (model form 
provided in the Schedule):
    (a) the information set out in subrules 58(1) (c) to (f);
    (b) the title of the final determination for which judicial review 
is sought, the investigating authority that issued the final 
determination, the file number assigned by the investigating authority 
and the appropriate citation if the final determination was published 
in the Canada Gazette or the Federal Register; and
    (c) the date on which the notice of the final determination was 
received by the other Party if the final determination was not 
published in the Canada Gazette or the Federal Register.

Request for Panel Review

    34. (1) A Request for Panel Review shall be made in accordance with 
the requirements of
    (a) section 77.11 or 96.3 of the Special Import Measures Act, as 
amended, and regulations made thereunder;
    (b) section 516A of the Tariff Act of 1930, as amended, and 
regulations made thereunder; or
    (c) section 408 of the United States-Canada Free Trade Agreement 
Implementation Act of 1988, as amended, and regulations made 
thereunder.
    (2) A Request for Panel Review shall contain the following 
information (model form provided in the Schedule):
    (a) the information set out in subrule 58(1);
    (b) the title of the final determination for which panel review is 
requested, the investigating authority that issued the final 
determination, the file number assigned by the investigating authority 
and the appropriate citation if the final determination was published 
in the Canada Gazette or the Federal Register,
    (c) the date on which the notice of the final determination was 
received by the other Party if the final determination was not 
published in the Canada Gazette or the Federal Register,
    (d) where a Notice of Intent to Commence Judicial Review has been 
served and the sole reason that the Request for Panel Review is made is 
to require review of the final determination by a panel, a statement to 
that effect; and
    (e) the service list, as defined in rule 3.
    35. (1) On receipt of a first Request for Panel Review filed within 
the time period fixed in the Act referred to in subrule 34(1)(a), (b) 
or (c), pursuant to which the Request for Panel Review is made, the 
responsible Secretary shall
    (a) forthwith forward a copy of the Request to the other Secretary;
    (b) forthwith inform the other Secretary of the Secretariat file 
number; and
    (c) serve a copy of the first Request for Panel Review on the 
persons listed on the service list together with a statement setting 
out the date on which the Request was filed and stating that
    (i) 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,
    (ii) a Party, an investigating authority or other interested person 
who does not file a Complaint but who intends to participate in the 
panel review shall file a Notice of Appearance in accordance with rule 
40 within 45 days after the filing of the first Request for Panel 
Review, and
    (iii) the panel review will be limited to the allegations of error 
of fact or law, including challenges to the jurisdiction of the 
investigating authority, that are set out in the Complaints filed in 
the panel review and to the procedural and substantive defenses raised 
in the panel review.
    (2) On the filing of a first Request for Panel Review, each 
Secretary shall forthwith cause a notice of that Request to be 
published in the Canada Gazette and the Federal Register. The notice 
shall state that a Request for Panel Review has been received and shall 
specify the date on which the Request was filed, the final 
determination for which panel review is requested and the information 
set out in subrule (1)(c).

Joint Panel Reviews

    36. Reserved.
    37. (1) Where a panel is established to review a final 
determination made under subsection 41(1)(a) of the Special Import 
Measures Act, as amended, that applies with respect to particular goods 
of the United States and a Request for Panel Review of a negative final 
determination made under paragraph 43(1) of that Act with respect to 
those goods is filed, the final determinations shall be reviewed 
jointly by one panel.
    (2) Where a panel is established to review a final determination 
made under section 705(a) or 735(a) of the Tariff Act of 1930, as 
amended, that applies with respect to particular goods of Canada and a 
Request for Panel Review of a negative final determination made under 
section 705(b) or 735(b) of that Act with respect to those goods is 
filed, the final determinations shall be reviewed jointly by one panel.
    38. (1) Subject to subrules (2) and (3), where final determinations 
are reviewed jointly pursuant to rule 37, the time periods fixed under 
these rules for the review of the final determination made under 
subsection 43(1) of the Special Import Measures Act, as amended, or 
section 705(b) or 735(b) of the Tariff Act of 1930, as amended, shall 
apply, commencing with the date fixed for filing briefs pursuant to 
rule 60.
    (2) Unless otherwise ordered by a panel as a result of a motion 
under subrule (3), where final determinations are reviewed jointly 
pursuant to rule 37, the panel shall issue its decision with respect to 
the final determination made under subsection 43(1) of the Special 
Import Measures Act, as amended, or section 705(b) or 735(b) of the 
Tariff Act of 1930, as amended, and where the panel remands the final 
determination to the investigating authority and the Determination on 
Remand is affirmative, the panel shall thereafter issue its decision 
with respect to the final determination made under subsection 41(1)(a) 
of the Special Import Measures Act, as amended, or section 705(a) or 
735(a) of the Tariff Act of 1930, as amended.
    (3) Where the final determinations are reviewed jointly pursuant to 
rule 37, any participant may, unilaterally or with the consent of the 
other participants, request by motion that time periods, other than the 
time periods referred to in subrule (1), be fixed for the filing of 
pleadings, oral proceedings, decisions and other matters.
    (4) A Notice of Motion pursuant to subrule (3) shall be filed no 
later than 10 days after the date fixed for filing Notices of 
Appearance in the review of the final determination made under 
subsection 43(1) of the Special Import Measures Act, as amended, or 
section 705(b) or 735(b) of the Tariff Act of 1930, as amended.
    (5) Unless otherwise ordered by a panel, where the panel has not 
issued a ruling on a motion filed pursuant to subrule (3) within 30 
days after the filing of the Notice of Motion, the motion shall be 
deemed denied.

Complaint

    39. (1) Subject to subrule (3), any interested person who intends 
to make allegations of errors of fact or law, including challenges to 
the jurisdiction of the investigating authority, with respect to a 
final determination, shall file with the responsible Secretariat, 
within 30 days after the filing of a first Request for Panel Review of 
the final determination, a Complaint, together with proof of service on 
the investigating authority and on all persons listed on the service 
list.
    (2) Every Complaint referred to in subrule (1) shall contain the 
following information (model form provided in the Schedule):
    (a) the information set out in subrule 58(1);
    (b) the precise nature of the Complaint, including the applicable 
standard of review and the allegations of errors of fact or law, 
including challenges to the jurisdiction of the investigating 
authority;
    (c) a statement describing the interested person's entitlement to 
file a Complaint under this rule; and
    (d) where the final determination was made in Canada, a statement 
as to whether the complainant
    (i) intends to use English or French in pleadings and oral 
proceedings before the panel, and
    (ii) requests simultaneous translation of any oral proceedings.
    (3) Only an interested person who would otherwise be entitled to 
commence proceedings for judicial review of the final determination may 
file a Complaint.
    (4) Subject to subrule (5), an amended Complaint shall be filed no 
later than 5 days before the expiration of the time period for filing a 
Notice of Appearance pursuant to rule 40.
    (5) An amended Complaint may, with leave of the panel, be filed 
after the time limit set out in subrule (4) but not later than 20 days 
before the expiration of the time period for filing briefs pursuant to 
subrule 60(1).
    (6) Leave to file an amended Complaint may be requested of the 
panel by the filing of a Notice of Motion for leave to file an amended 
Complaint accompanied by the proposed amended Complaint.
    (7) Where the panel does not grant a motion referred to in subrule 
(6) within the time period for filing briefs pursuant to subrule 60(1), 
the motion shall be deemed to be denied.

Notice of Appearance

    40. (1) Subject to subrule (2), within 45 days after the filing of 
a first Request for Panel Review of a final determination, the 
investigating authority and any other person who is entitled to and 
proposes to participate in the panel review and who has not filed a 
Complaint in the panel review shall file with the responsible 
Secretariat a Notice of Appearance containing the following information 
(model form provided in the Schedule):
    (a) the information set out in rule 58(1);
    (b) in the case of a Notice of Appearance filed by the 
investigating authority, any admissions with respect to the allegations 
set out in the Complaints;
    (c) a statement as to whether appearance is made
    (i) in support of the allegations set out in a Complaint under 
subrule 39(2)(b),
    (ii) in opposition to the allegations set out in a Complaint under 
subrule 39(2)(b), or
    (iii) partly in support of the allegations set out in a Complaint 
under subrule 39(2)(b) and partly in opposition to the allegations set 
out in a Complaint under subrule 39(2)(b);
    (d) a statement as to the basis for the person's claim of 
entitlement to file a Notice of Appearance under this rule; and
    (e) where the final determination was made in Canada, a statement 
as to whether the person filing the Notice of Appearance
    (i) intends to use English or French in pleadings and oral 
proceedings before the panel, and
    (ii) requests simultaneous translation of any oral proceedings.
    (2) Any complainant who intends to appear partly in opposition to 
the allegations set out in a Complaint under subrule 39(2)(b) shall 
file a Notice of Appearance containing the statements referred to in 
subrules (1)(c)(iii) and (1)(d).

Record for Review

    41. (1) The investigating authority whose final determination is 
under review shall, within 15 days after the expiration of the time 
period fixed for filing a Notice of Appearance, file with the 
responsible Secretariat
    (a) nine copies of the final determination, including reasons for 
the final determination;
    (b) two copies of an Index comprised of a descriptive list of all 
items contained in the administrative record, together with proof of 
service of the Index on all participants; and
    (c) subject to subrules (3), (4), and (5), two copies of the 
administrative record.
    (2) An Index referred to in subrule (1) shall, where applicable, 
identify those items that contain proprietary information, privileged 
information or government information by a statement to that effect.
    (3) Where a document containing proprietary information is filed, 
it shall be filed under seal in accordance with rule 46.
    (4) No privileged information shall be filed with the responsible 
Secretariat unless the investigating authority waives the privilege and 
voluntarily files the information or the information is filed pursuant 
to an order of a panel.
    (5) No government information shall be filed with the Secretariat 
unless the investigating authority, after having reviewed the 
government information and, where applicable, after having pursued 
appropriate review procedures, determines that the information may be 
disclosed.
    42. Reserved.
    43. Reserved.

Part III--Panels

Announcement of Panel

    44. On the completion of the selection of a panel, the responsible 
Secretary shall notify the participants and the other Secretary of the 
names of the panelists.

Violation of Code of Conduct

    45. Where a participant in a panel review believes that a panelist 
or an assistant to a panelist is in violation of the Code of Conduct, 
the participant shall forthwith notify the responsible Secretary in 
writing of the alleged violation. The responsible Secretary shall 
promptly notify the other Secretary and the Parties of the allegations.

Part IV--Proprietary Information and Privileged Information

Filing or Service under Seal

    46. (1) Where, under these rules, a document containing proprietary 
information or privileged information is required to be filed under 
seal with the Secretariat or is required to be served under seal, the 
document shall be filed or served in accordance with this rule and, 
where the document is a pleading, in accordance with rule 59.
    (2) A document filed or served under seal shall be
    (a) bound separately from all other documents;
    (b) clearly marked
    (i) in the case of a document containing proprietary information, 
``Proprietary'' or ``Confidential'', and
    (ii) in the case of a document containing privileged information, 
``Privileged''; and
    (c) contained in an opaque inner wrapper and an opaque outer 
wrapper.
    (3) An inner wrapper referred to in subrule (2)(c) shall indicate
    (a) that proprietary information or privileged information is 
enclosed, as the case may be; and
    (b) the Secretariat file number of the panel review.
    47. Filing or service of proprietary information or privileged 
information with the Secretariat does not constitute a waiver of the 
designation of the information as proprietary information or privileged 
information.

Disclosure Orders and Protective Orders

    48. (1) A counsel of record, or a professional retained by, or 
under the control or direction of, a counsel of record, who wishes 
disclosure of proprietary information in a panel review shall file a 
Disclosure Undertaking or a Protective Order Application with respect 
to the proprietary information as follows:
    (a) with the responsible Secretariat, four copies; and
    (b) with the investigating authority, one original and any 
additional copies that the investigating authority requires.
    (2) A Disclosure Undertaking or Protective Order Application 
referred to in subrule (1) shall be served
    (a) where the Disclosure Undertaking or Protective Order 
Application is filed before the expiration of the time period fixed for 
filing a Notice of Appearance in the panel review, on the persons 
listed in the service list; and
    (b) in any other case, on all participants other than the 
investigating authority, in accordance with subrule 24(1).
    49. (1) Every panelist, assistant to a panelist, court reporter and 
translator shall, before taking up duties in a panel review, submit to 
the responsible Secretary a Disclosure Undertaking or a Protective 
Order Application.
    (2) A panelist, assistant to a panelist, court reporter or 
translator who amends or modifies a Disclosure Undertaking or 
Protective Order Application shall file with the responsible 
Secretariat a copy of the amendment or modification.
    (3) Where the investigating authority receives, pursuant to subrule 
14(1), a Disclosure Undertaking or Protective Order Application, or an 
amendment or modification thereto, the investigating authority shall 
issue a Disclosure Order, Protective Order, amendment or modification 
accordingly.
    (4) Where the investigating authority amends, modifies or revokes a 
Disclosure Order or Protective Order, the panelist, assistant to a 
panelist, court reporter or translator shall provide the responsible 
Secretariat with a copy of the amendment, modification or notice of 
revocation.
    50. The investigating authority shall, within 30 days after a 
Disclosure Undertaking or Protective Order Application is filed in 
accordance with subrule 48(1), serve on the person who filed the 
Disclosure Undertaking or Protective Order Application
    (a) a Disclosure Order or Protective Order, as the case may be; or
    (b) a notification in writing setting out the reasons why a 
Disclosure Order or Protective Order is not issued.
    51. (1) Where
    (a) an investigating authority refuses to issue a Disclosure Order 
or Protective Order to a counsel of record or to a professional 
retained by, or under the control or direction of, a counsel of record, 
or
    (b) an investigating authority issues a Disclosure Order or 
Protective Order with terms unacceptable to the counsel of record, the 
counsel of record may file with the responsible Secretariat a Notice of 
Motion requesting that the panel review the decision of the 
investigating authority.
    (2) Where, after consideration of any response made by the 
investigating authority referred to in subrule (1), the panel decides 
that a Disclosure Order or Protective Order should be issued or that 
the terms of a Disclosure Order or Protective Order should be modified 
or amended, the panel shall so notify counsel for the investigating 
authority.
    (3) Where the final determination was made in the United States and 
the investigating authority fails to comply with the notification 
referred to in subrule (2), the panel may issue such orders as are just 
in the circumstances, including an order refusing to permit the 
investigating authority to make certain arguments in support of its 
case or striking certain arguments from its pleadings.
    52. (1) Where a Disclosure Order or Protective Order is issued to a 
person in a panel review, the person shall file with the responsible 
Secretariat a copy of the Disclosure Order or Protective Order.
    (2) Where a Disclosure Order or Protective Order is revoked, 
amended or modified by the investigating authority, the investigating 
authority shall provide to the responsible Secretariat and to all 
participants a copy of the Notice of Revocation, amendment or 
modification.
    53. Reserved.
    54. Where a Disclosure Order or Protective Order is issued to a 
person, the person is entitled
    (a) to access to the document; and
    (b) where the person is a counsel of record, to a copy of the 
document containing the proprietary information, on payment of an 
appropriate fee, and to service of pleadings containing the proprietary 
information.

Privileged Information

    55. (1) A Notice of Motion for disclosure of a document in the 
administrative record identified as containing privileged information 
shall set out
    (a) the reasons why disclosure of the document is necessary to the 
case of the participant filing the Notice of Motion; and
    (b) a statement of any point of law or legal authority relied on, 
together with a concise argument in support of disclosure.
    (2) Within 10 days after a Notice of Motion referred to in subrule 
(1) is filed, the investigating authority shall, if it intends to 
respond, file the following in response:
    (a) an affidavit of an official of the investigating authority 
stating that, since the filing of the Notice of Motion, the official 
has examined the document and has determined that disclosure of the 
document would constitute disclosure of privileged information; and
    (b) a statement of any point of law or legal authority relied on, 
together with a concise argument in support of non-disclosure.
    (3) After having reviewed the Notice of Motion referred to in 
subrule (1) and any response filed under subrule (2), the panel may 
order
    (a) that the document shall not be disclosed; or
    (b) that the investigating authority file two copies of the 
document under seal with the responsible Secretariat.
    (4) In a panel review of a final determination made in the United 
States, before examining a document in accordance with subrule (6) or 
(8), a panelist shall file with the responsible Secretariat four copies 
of a Protective Order with respect to the document, signed by the 
panelist.
    (5) Where the panel has issued an order pursuant to subrule (3)(b), 
the panel shall select two panelists, one of whom shall be a lawyer who 
is a citizen of Canada and the other of whom shall be a lawyer who is a 
citizen of the United States.
    (6) The two panelists selected under subrule (5) shall
    (a) examine the document in camera; and
    (b) communicate their decision, if any, to the panel.
    (7) The decision referred to in subrule (6)(b) shall be issued as 
an order of the panel.
    (8) Where the two panelists selected under subrule (5) fail to come 
to a decision, the panel shall
    (a) examine the document in camera; and
    (b) issue an order with respect to the disclosure of the document.
    (9) Where an order referred to in subrule (7) or (8) is to the 
effect that the document shall not be disclosed, the responsible 
Secretary shall return all copies of the document to the investigating 
authority by service under seal.
    56. In a panel review of a final determination made in the United 
States, where, pursuant to rule 55, disclosure of a document is 
granted,
    (a) the panel shall limit disclosure to
    (i) persons who must have access in order to permit effective 
representation in the panel review,
    (ii) persons, such as the Secretariat staff, court reporters and 
translators, who must have access for administrative purposes in order 
to permit effective functioning of the panel, and
    (iii) members of an Extraordinary Challenge Committee and their 
assistants who may need access pursuant to the Extraordinary Challenge 
Committee Rules;
    (b) the panel shall issue an order identifying by name and by title 
or position the persons who are entitled to access and shall allow for 
future access by new counsel of record and by members of an 
Extraordinary Challenge Committee and, as necessary, their assistants; 
and
    (c) the investigating authority shall issue a Protective Order with 
respect to that document in accordance with the order of the panel.

Violations of Disclosure Undertakings and Protective Orders

    57. Where any person alleges that the terms of a Disclosure 
Undertaking or Protective Order have been violated, the panel shall 
refer the allegations to the investigating authority for investigation 
and, where applicable, the imposition of sanctions in accordance with 
section 77.26 of the Special Import Measures Act, as amended, or 
section 777(d) of the Tariff Act of 1930, as amended.

Part V--Written Proceedings

Form and Content of Pleadings

    58. (1) Every pleading filed in a panel review shall contain the 
following information:
    (a) the title of, and any Secretariat file number assigned for, the 
panel review;
    (b) a brief descriptive title of the pleading;
    (c) the name of the Party, investigating authority or interested 
person filing the document;
    (d) the name of counsel of record for the Party, investigating 
authority or interested person;
    (e) the service address, as defined in rule 3; and
    (f) the telephone number of the counsel of record referred to in 
subrule (d) or, where an interested person is not represented by 
counsel, the telephone number of the interested person.
    (2) Every pleading filed in a panel review shall be on paper 8\1/2\ 
x 11 inches (216 millimetres by 279 millimetres) in size. The text of 
the pleading shall be printed, typewritten or reproduced legibly on one 
side only with a margin of approximately 1\1/2\ inches (40 millimetres) 
on the left-hand side with double spacing between each line of text, 
except for quotations of more than 50 words, which shall be indented 
and single-spaced. Footnotes, titles, schedules, tables, graphs and 
columns of figures shall be presented in a readable form. Briefs shall 
be securely bound along the left-hand margin.
    (3) Every pleading filed on behalf of a participant in a panel 
review shall be signed by counsel for the participant or, where the 
participant is not represented by counsel, by the participant.
    59. (1) Where a participant files a pleading that contains 
proprietary information, the participant shall file two sets of the 
pleading in the following manner:
    (a) one set shall be filed under seal, containing the proprietary 
information and labelled ``Proprietary'' or ``Confidential'', with the 
top of each page that contains proprietary information marked with the 
word ``Proprietary'' or ``Confidential'' and with the proprietary 
information enclosed in brackets; and
    (b) no later than one day following the day on which the set of 
pleadings referred to in subrule (a) is filed, another set not 
containing proprietary information shall be filed and labelled ``Non-
Proprietary'' or ``Non-Confidential'', with each page from which 
proprietary information has been deleted bearing a legend indicating 
the location from which the proprietary information was deleted.
    (2) Where a participant files a pleading that contains privileged 
information, the participant shall file two sets of the pleading in the 
following manner:
    (a) one set of shall be filed under seal, containing the privileged 
information and labelled ``Privileged'', with the top of each page that 
contains privileged information marked with the word ``Privileged'' and 
with the privileged information enclosed in brackets; and
    (b) no later than one day following the day on which the set of 
pleadings referred to in subrule (a) is filed, another set not 
containing privileged information shall be filed and labelled ``Non-
Privileged'', with each page from which privileged information has been 
deleted bearing a legend indicating the location from which the 
privileged information was deleted.

Filing of Briefs

    60. (1) Subject to subrule 38(1), every participant who has filed a 
Complaint under rule 39 or a Notice of Appearance with a statement 
under subrule 40(1)(c)(i) or (iii) shall file a brief, setting forth 
grounds and arguments supporting the allegations of the Complaint no 
later than 60 days after the expiration of the time period fixed, under 
subrule 41(1), for filing the administrative record.
    (2) Every participant who has filed a Notice of Appearance with a 
statement under subrule 40(1)(c)(ii) or (iii) shall file a brief 
supporting any reviewable portion of the final determination no later 
than 60 days after the expiration of the time period for filing of 
briefs referred to in subrule (1).
    (3) Every participant who has filed a brief pursuant to subrule (1) 
may file a brief replying to the grounds and arguments set forth in the 
briefs filed pursuant to subrule (2) no later than 15 days after the 
expiration of the time period for filing of briefs referred to in 
subrule (2). Reply briefs shall be limited to rebuttal of matters 
raised in the briefs filed pursuant to subrule (2).
    (4) An appendix containing authorities cited in all briefs filed 
under any of subrules (1) to (3) shall be filed with the responsible 
Secretariat within 10 days after the last day on which a brief under 
subrule (3) may be filed.
    (5) Any number of participants may join in a single brief and any 
participant may adopt by reference any part of the brief of another 
participant.
    (6) A participant may file a brief without appearing to present 
oral argument.
    (7) Where a panel review of a final determination made by an 
investigating authority of United States with respect to certain goods 
involves issues that may relate to the final determination of the other 
investigating authority with respect to those goods, the latter 
investigating authority may file an amicus curiae brief in the panel 
review in accordance with subrule (2).

Failure to File Briefs

    61. (1) Where a participant fails to file a brief within the time 
period fixed, the panel may order that the participant is not entitled
    (a) to present oral argument;
    (b) to service of any further pleadings, orders or decisions in the 
panel review; or
    (c) to further notice of the proceedings in the panel review.
    (2) Where
    (a) no brief is filed by any complainant or by any participant in 
support of any of the complainants within the time periods established 
pursuant to these rules, and
    (b) where no motion pursuant to rule 20 is pending, the panel may, 
on its own motion or pursuant to the motion of a participant, issue an 
order to show cause why the panel review should not be dismissed.
    (3) If, on a motion under subrule (1), good cause is not shown, the 
panel shall issue an order dismissing the panel review.
    (4) Where no brief is filed by an investigating authority, or by an 
interested person in support of the investigating authority, within the 
time period fixed in subrule 60(2), a panel may issue a decision 
referred to in rule 74.

Content of Briefs and Appendices

    62. (1) Every brief filed pursuant to subrule 60(1) or (2) shall 
contain information, in the following order, divided into five parts:
Part I
    (a) A table of contents; and
    (b) A table of authorities:
    The table of authorities shall include the authorities cited except 
references to documents from the administrative record. The table of 
authorities shall arrange the cases alphabetically, refer to the 
page(s) of the brief where each authority is cited and mark, with an 
asterisk in the margin, those authorities primarily relied on.
Part II: A statement of the Case
    (a) in the brief of a complainant or of a participant filing a 
brief pursuant to subrule 60(1), this Part shall contain a concise 
statement of the relevant facts;
    (b) in the brief of an investigating authority or of a participant 
filing a brief pursuant to subrule 60(2), this Part shall contain a 
concise statement of the position of the investigating authority or the 
participant with respect to the statement of facts set out in the 
briefs referred to in paragraph (a), including a concise statement of 
other facts relevant to its case; and
    (c) in all briefs, references to evidence in the administrative 
record shall be made by page and, where practicable, by line.
Part III: A statement of the issues:
    (a) in the brief of a complainant or of a participant filing a 
brief pursuant to subrule 60(1), this Part shall contain a concise 
statement of the issues; and
    (b) in the brief of an investigating authority or of a participant 
filing a brief pursuant to subrule 60(2), this Part shall contain a 
concise statement of the position of the investigating authority or the 
participant with respect to each issue relevant to its case.
Part IV: Argument
    This Part shall consist of the argument setting out concisely the 
points of law relating to the issues with applicable citations to 
authorities and the administrative record.
Part V: Relief
    This part shall consist of a concise statement precisely 
identifying the relief requested.
    (2) Paragraphs in Parts I to V of a brief may be numbered 
consecutively.
    (3) A reply brief filed pursuant to rule 60(3) shall include a 
table of contents and a table of authorities, indicating those 
principally relied upon in the argument.

Appendix to the Briefs

    62A. (1) Authorities referred to in the briefs shall be included in 
an appendix, which shall be organized as follows: a table of contents, 
copies of all treaty and statutory references, references to 
regulations, cases primarily relied on in the briefs, set out 
alphabetically, and all other references except documents from the 
administrative record.
    (2) The appendix required under subrule 60(4) shall be compiled by 
a participant who filed a brief under subrule 60(1) and who was so 
designated by all the participants who filed a brief. Each participant 
who filed a brief under subrule 60(2) shall provide the designated 
participant with a copy of each authority on which it primarily relied 
in its brief that was not primarily relied on in any other brief filed 
under subrule 60(1). Each participant who filed a brief under subrule 
60(3) shall provide the designated participant with a copy of each 
authority on which it primarily relied in its brief that was not 
primarily relied on in briefs filed pursuant to subrule 60 (1) or (2).
    (3) The costs for compiling the appendix shall be borne equally by 
all participants who file briefs.

Motions

    63. (1) A motion shall be made by Notice of Motion in writing 
(model form provided in the Schedule) unless the circumstances make it 
unnecessary or impracticable.
    (2) Every Notice of Motion, and any affidavit in support thereof, 
shall be accompanied by a proposed order of the panel (model form 
provided in the Schedule) and shall be filed with the responsible 
Secretariat, together with proof of service on all participants.
    (3) Every Notice of Motion shall contain the following information:
    (a) the title of the panel review, the Secretariat file number for 
that panel review and a brief descriptive title indicating the purpose 
of the motion;
    (b) a statement of the precise relief requested;
    (c) a statement of the grounds to be argued, including a reference 
to any rule, point of law or legal authority to be relied on, together 
with a concise argument in support of the motion; and
    (d) where necessary, references to evidence in the administrative 
record identified by page and, where practicable, by line.
    (4) The pendency of any motion in a panel review shall not alter 
any time period fixed in these rules or by an order or decision of the 
panel.
    (5) A Notice of Motion to which all participants consent shall be 
entitled a Consent Motion.
    64. Subject to subrules 20(2) and 77(5), unless the panel otherwise 
orders, a participant may file a response to a Notice of Motion within 
10 days after the Notice of Motion is filed.
    65. (1) A panel may dispose of a motion based upon the pleadings 
filed pertaining to the motion.
    (2) The panel may hear oral argument or, subject to subrule 26(b), 
direct that a motion be heard by means of a telephone conference call 
with the participants.
    (3) A panel may deny a motion before responses to the Notice of 
Motion have been filed.
    66. Where a panel chooses to hear oral argument or, pursuant to 
subrule 65(2), directs that a motion be heard by means of a telephone 
conference call with the participants, the responsible Secretary shall, 
at the direction of the chairperson, fix a date, time and place for the 
hearing of the motion and shall notify all participants of the same.

Part VI--Oral Proceedings

Location

    67. Oral proceedings in a panel review shall take place at the 
office of the responsible Secretariat or at such other location as the 
responsible Secretary may arrange.

Pre-hearing Conference

    68. (1) A panel may hold a pre-hearing conference, in which case 
the responsible Secretary shall give notice of the conference to all 
participants.
    (2) A participant may request that the panel hold a pre-hearing 
conference by filing with the responsible Secretariat a written request 
setting out the matters that the participant proposes to raise at the 
conference.
    (3) The purpose of a pre-hearing conference shall be to facilitate 
the expeditious advancement of the panel review by addressing such 
matters as
    (a) the clarification and simplification of the issues;
    (b) the procedure to be followed at the hearing of oral argument; 
and
    (c) any outstanding motions.
    (4) Subject to subrule 26(b), a pre-hearing conference may be 
conducted by means of a telephone conference call.
    (5) Following a pre-hearing conference, the panel shall promptly 
issue an order setting out its rulings with respect to the matters 
considered at the conference.

Oral Argument

    69. (1) A panel shall commence the hearing of oral argument no 
later than 30 days after the expiration of the time period fixed under 
subrule 60(3) for filing reply briefs. At the direction of the panel, 
the responsible Secretary shall notify all participants of the date, 
time and place for the oral argument.
    (2) Oral argument shall be limited to the issues in dispute, shall 
be subject to the time constraints set by the panel and shall, unless 
the panel otherwise orders, be presented in the following order:
    (a) the complainants and any participant who filed a brief in 
support of the allegations set out in a Complaint or partly in support 
of the allegations set out in a Complaint and partly in opposition to 
the allegations set out in a Complaint;
    (b) the investigating authority and any participant who filed a 
brief in opposition to the allegations set out in a Complaint, other 
than a participant referred to in subrule (a); and
    (c) argument in reply, at the discretion of the panel.
    (3) If a participant fails to appear at oral argument, the panel 
may hear argument on behalf of the other participants who are present. 
If no participant appears, the panel may decide the case on the basis 
of briefs.
    (4) Oral argument on behalf of a participant on a motion or at a 
hearing shall be conducted by the counsel of record for that 
participant or, where the participant is an individual appearing pro 
se, by the participant.

Subsequent Authorities

    70. (1) A participant who has filed a brief may bring to the 
attention of the panel,
    (a) at any time before the conclusion of oral argument, an 
authority that is relevant to the panel review;
    (b) at any time after the conclusion of oral argument and before 
the panel has issued its decision,
    (i) an authority that was reported subsequent to the conclusion of 
oral argument, or
    (ii) with the leave of the panel, an authority that is relevant to 
the panel review and that came to the attention of counsel of record 
after the conclusion of oral argument, by filing with the responsible 
Secretariat a written request, setting out the citation of the decision 
or judgment, the page reference of the brief of the participant to 
which the decision or judgment relates and a concise statement, of no 
more than one page in length, of the relevance of the decision or 
judgment.
    (2) A request referred to in subrule (1) shall be filed as soon as 
possible after the issuance of the decision or judgment by the court.
    (3) Where a request referred to in subrule (1) is filed with the 
responsible Secretariat, any other participant may, within five days 
after the date on which the request was filed, file a concise 
statement, of no more than one page in length, in response.

Oral Proceedings in Camera

    71. During that part of oral proceedings in which proprietary 
information or privileged information is presented, a panel shall not 
permit any person other than the following persons to be present:
    (a) the person presenting the proprietary information or privileged 
information;
    (b) a person who has been granted access to the proprietary 
information or privileged information under a Disclosure Order, 
Protective Order or an order of the panel;
    (c) in the case of privileged information, a person as to whom the 
confidentiality of the privileged information has been waived; and
    (d) officials of, and counsel for, the investigating authority.

PART VII--Decisions and Completions of Panel Reviews

Orders, Decisions and Terminations

    72. The responsible Secretary shall cause notice of every decision 
of a panel issued pursuant to rule 74 to be published in the Canada 
Gazette and the Federal Register.
    73. (1) Where a Notice of Motion requesting dismissal of a panel 
review is filed by a participant, the panel may issue an order 
dismissing the panel review.
    (2) Where a Notice of Motion requesting termination of a panel 
review is filed by a participant and is consented to by all the 
participants, and an affidavit to that effect is filed, or where all 
participants file Notices of Motion requesting termination, the panel 
review is terminated and, if a panel has been appointed, the panelists 
are discharged.
    74. A panel shall issue a written decision with reasons, together 
with any dissenting or concurring opinions of the panelists, in 
accordance with Article 1904.8 of the Agreement. The decision will 
normally be released by noon on the date of issuance.

Panel Review of Action on Remand

    75. (1) An investigating authority shall give notice of the action 
taken pursuant to a remand of the panel by filing with the responsible 
Secretariat a Determination on Remand within the time specified by the 
panel.
    (2) If, on remand, the investigating authority has supplemented the 
administrative record,
    (a) the investigating authority shall file with the responsible 
Secretariat an Index listing each item in the supplementary remand 
record, and a copy of each non-privileged item listed in that Index, 
within five days after the date on which the investigating authority 
filed the Determination on Remand with the panel;
    (b) any participant who intends to challenge the Determination on 
Remand shall file a written submission with respect to the 
Determination on Remand within 20 days after the date on which the 
investigating authority filed the Index and supplementary remand 
record; and
    (c) any response to the written submissions referred to in subrule 
(b) shall be filed by the investigating authority, and by any 
participant supporting the investigating authority, within 20 days 
after the last day on which written submissions in opposition to the 
Determination on Remand may be filed.
    (3) If, on remand, the investigating authority has not supplemented 
the record,
    (a) any participant who intends to challenge the Determination on 
Remand shall file a written submission within 20 days after the date on 
which the investigating authority filed the Determination on Remand 
with the panel; and
    (b) any response to the written submissions referred to in subrule 
(a) shall be filed by the investigating authority, and by any 
participant filing in support of the investigating authority, within 20 
days after the last day on which such written submissions may be filed.
    (4) If no written submissions are filed under subrule (2)(b) or 
(3)(a) within the time periods established by these rules, and if no 
motion pursuant to rule 20 is pending, the panel shall, within 10 days 
after the later of the due date for such written submissions and the 
date of the denial of a motion pursuant to rule 20, issue an order 
affirming the investigating authority's Determination on Remand.
    (5) Where a Determination on Remand is challenged, the panel shall 
issue a written decision pursuant to rule 74, either affirming the 
Determination on Remand or remanding it to the investigating authority, 
no later than 90 days after the Determination on Remand is filed.
    75A. In setting the date by which a Determination on Remand shall 
be due from the investigating authority, the panel shall take into 
account, among other factors,
    (a) the date that any Determination on Remand with respect to the 
same goods is due from the other investigating authority, and
    (b) the effect the Determination on Remand from the other 
investigating authority might have on the deliberations of the 
investigating authority with respect to the making of a final 
Determination on Remand.

Re-examination of Orders and Decisions

    76. A clerical error in an order or decision of a panel, or an 
error in an order or decision of a panel arising from any accidental 
oversight, inaccuracy or omission, may be corrected by the panel at any 
time during the panel review.
    77. (1) A participant may, within 10 days after a panel issues its 
decision, file a Notice of Motion requesting that the panel re-examine 
its decision for the purpose of correcting an accidental oversight, 
inaccuracy or omission, which shall set out
    (a) the oversight, inaccuracy or omission with respect to which the 
request is made;
    (b) the relief requested; and
    (c) if ascertainable, a statement as to whether other participants 
consent to the motion.
    (2) The grounds for a motion referred to in subrule (1) shall be 
limited to one or both of the following grounds:
    (a) that the decision does not accord with the reasons therefor; or
    (b) that some matter has been accidentally overlooked, stated 
inaccurately or omitted by the panel.
    (3) No Notice of Motion referred to in subrule (1) shall set out 
any argument already made in the panel review.
    (4) There shall be no oral argument in support of a motion referred 
to in subrule (1).
    (5) Except as the panel may otherwise order under subrule (6)(b), 
no participant shall file a response to a Notice of Motion filed 
pursuant to subrule (1).
    (6) Within seven days after the filing of a Notice of Motion under 
subrule (1), the panel shall
    (a) issue a decision ruling on the motion; or
    (b) issue an order identifying further action to be taken 
concerning the motion.
    (7) A decision or order under subrule (6) may be made with the 
concurrence of any three panelists.

Delay in Delivery of Decisions

    78. Where a panelist becomes unable to fulfil panel duties, is 
disqualified or dies, panel proceedings and the running of time periods 
shall be suspended, pending the appointment of a substitute panelist in 
accordance with the procedures set out in Annex 1901.2 to Chapter 
Nineteen of the Agreement.
    79. Where a panelist becomes unable to fulfil panel duties, is 
disqualified or dies after the oral argument, the chairperson may order 
that the matter be reheard, on such terms as are appropriate, after 
selection of a substitute panelist.

Part VIII--Completion of Panel Review

    79A. (1) Subject to subrule (2), when a panel issues:
    (a) an order dismissing a panel review under subrule 61(2) or 
73(1),
    (b) a decision under rule 74 or subrule 75(5) that is the final 
action in the panel review, or
    (c) an order under subrule 75(4), the panel shall direct the 
responsible Secretary to issue a Notice of Final Panel Action (model 
form provided in the Schedule) on the eleventh day thereafter.
    (2) Where a motion is filed pursuant to subrule 77(1) regarding a 
decision referred to in subrule (1)(b), the responsible Secretary shall 
issue the Notice of Final Panel Action on the day on which the panel
    (a) issues a ruling finally disposing of the motion; or
    (b) directs the responsible Secretary to issue the Notice of Final 
Panel Action, the issuance of which shall constitute a denial of the 
motion.
    80. If no Request for an Extraordinary Challenge Committee is 
filed, the responsible Secretary shall cause to be published in the 
Canada Gazette and the Federal Register a Notice of Completion of Panel 
Review, effective
    (a) on the day on which a panel is terminated pursuant to subrule 
73(2); or
    (b) in any other case, on the 31st day following the date on which 
the responsible Secretary issues a Notice of Final Panel Action.
    81. Except as provided in rule 80, where a Request for an 
Extraordinary Challenge Committee has been filed, the responsible 
Secretary shall cause to be published in the Canada Gazette and the 
Federal Register a Notice of Completion of Panel Review, effective on 
the day after the day referred to in rule 65 or subrule 66(a) of the 
Extraordinary Challenge Committee Rules.
    82. Reserved
    83. Reserved
    84. Reserved
    85. Panelists are discharged from their duties on the day on which 
a Notice of Completion of Panel Review is effective, or on the day on 
which an Extraordinary Challenge Committee vacates a panel review 
pursuant to subrule 66(b) of the Extraordinary Challenge Committee 
Rules.

Schedule

Procedural Forms

    Forms (1) through (7) follow.

Form (1)

Article 1904 Binational Panel Review pursuant to the United States-
Canada Free Trade Agreement

In the matter of:

----------------------------------------------------------------------
----------------------------------------------------------------------
(Title of Final Determination)

Notice of Intent to Commence Judicial Review

    Pursuant to Article 1904 of the Canada-United States Free-Trade 
Agreement, notice is hereby served that

----------------------------------------------------------------------
(interested person filing notice)

intends to commence judicial review in the

----------------------------------------------------------------------
(name of the court)

of the final determination referenced below. The following 
information is provided pursuant to Rule 33 of the Article 1904 
Panel Rules:

1.---------------------------------------------------------------------
(The name of the interested person filing this notice)

2.---------------------------------------------------------------------
(The name of counsel for the interested person, if any)

3.---------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(The service address, as defined by Rule 3 of the Article 1904 Panel 
Rules, including facsimile number, if any)

4.---------------------------------------------------------------------
(The telephone number of counsel for the interested person or the 
telephone number of the interested person, if not represented by 
counsel)

5.---------------------------------------------------------------------
(The title of the final determination for which notice of intent to 
commence judicial review is served)

6.---------------------------------------------------------------------
(The investigating authority that issued the final determination)

7.---------------------------------------------------------------------
(The file number of the investigating authority)

8. (a)-----------------------------------------------------------------
(The citation and date of publication of the final determination in 
the Federal Register or Canada Gazette); or

(b)--------------------------------------------------------------------
(If the final determination was not published, the date notice of 
the final determination was received by the other Party)

Date-------------------------------------------------------------------
----------------------------------------------------------------------
Signature of Counsel (or interested person, if not represented by 
counsel)

Form (2)

Article 1904 Binational Panel Review pursuant to the United States-
Canada Free Trade Agreement

In the matter of:

----------------------------------------------------------------------
----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.
----------------------------------------------------------------------

Request for Panel Review

    Pursuant to Article 1904 of the Canada-United States Free-Trade 
Agreement, panel review is hereby requested of the final 
determination referenced below. The following information is 
provided pursuant to Rule 34 of the Article 1904 Panel Rules:

1.---------------------------------------------------------------------
(The name of the Party or the interested person filing this request 
for panel review)

2.---------------------------------------------------------------------
(The name of counsel for the Party or the interested person, if any)

3.---------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(The service address, as defined by Rule 3 of the Article 1904 Panel 
Rules, including facsimile number, if any)

4.---------------------------------------------------------------------
(The telephone number of counsel for the Party or the interested 
person or the telephone number of the interested person, if not 
represented by counsel)

5.---------------------------------------------------------------------
(The title of the final determination for which panel review is 
requested)

6.---------------------------------------------------------------------
(The investigating authority that issued the final determination)

7.---------------------------------------------------------------------
(The file number of the investigating authority)

8. (a)-----------------------------------------------------------------
(The citation and date of publication of the final determination in 
the Federal Register or Canada Gazette); or

(b)--------------------------------------------------------------------
(If the final determination was not published, the date notice of 
the final determination was received by the other Party)
9. Yes ________ No ________ Non-Applicable ________
(Where a Notice of Intent to Commence Judicial Review has been 
served, is the sole reason for requesting review of the final 
determination to require review by a panel?)

10. The Service List, as defined by Rule 3, is attached.

Date-------------------------------------------------------------------

----------------------------------------------------------------------
 Signature of Counsel (or interested person, if not represented by 
counsel)

Form (3)

Article 1904 Binational Panel Review pursuant to the United States-
Canada Free Trade Agreement

    In the matter of:

----------------------------------------------------------------------
----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.
----------------------------------------------------------------------

Complaint

1.---------------------------------------------------------------------
(The name of the interested person filing the complaint)

2.---------------------------------------------------------------------
(The name of counsel for the interested person, if any)

3.---------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(The service address, as defined by Rule 3 of the Article 1904 Panel 
Rules, including facsimile number, if any)

4.---------------------------------------------------------------------
(The telephone number of counsel for the interested person or 
telephone number of the interested person, if not represented by 
counsel)

5. Statement of the Precise Nature of the Complaint (See Rule 39)

A. The Applicable Standard of Review

B. Allegations of Errors of Fact or Law

C. Challenges to the Jurisdiction of the Investigating Authority

6. Statement of the Interested Person's Entitlement to File a 
Complaint Under Rule 39

7. For Panel Reviews of Determinations Made in Canada:

(a) Complainant intends to use the specified language in pleadings 
and oral proceedings (Specify one)

________ English    ________ French

(b) Complainant requests simultaneous translation of oral 
proceedings (Specify one)

________ Yes    ________ No

Date-------------------------------------------------------------------
----------------------------------------------------------------------
Signature of Counsel (or interested person, if not represented by 
counsel)

Form (4)

Article 1904 Binational Panel Review pursuant to the United States-
Canada Free Trade Agreement

    In the matter of:

----------------------------------------------------------------------
----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.
----------------------------------------------------------------------

Notice of Appearance

1.---------------------------------------------------------------------
(The name of the investigating authority or the interested person 
filing this notice of appearance)

2.---------------------------------------------------------------------
(The name of counsel for the investigating authority or the 
interested person, if any)

3.---------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(The service address, as defined by Rule 3 of the Article 1904 Panel 
Rules, including facsimile number, if any)

4.---------------------------------------------------------------------
(The telephone number of counsel for the investigating authority or 
the interested person or the telephone number of the interested 
person, if not represented by counsel)

5. This Notice of Appearance is made:

________in support of the allegations set out in a Complaint;

________in opposition to the allegations set out in a Complaint; or

________partly in support of the allegations set out in a Complaint 
and partly in opposition to the allegations set out in a Complaint;

6. Statement as to the basis for the interested person's entitlement 
to file a Notice of Appearance under rule 40

7. For Notices of Appearance Filed by the Investigating Authority

Statement by the Investigating Authority regarding any admissions 
with respect to the allegations set out in the Complaints

8. For Panel Reviews of Determinations Made in Canada:

(a) I intend to use the specified language in pleadings and oral 
proceedings (Specify one)

________English    ________French

(b) I request simultaneous translation of oral proceedings (Specify 
one)

________Yes    ________No

Date-------------------------------------------------------------------
----------------------------------------------------------------------
Signature of Counsel (or interested person, if not represented by 
counsel)

Form (5)

Article 1904 Binational Panel Review Pursuant to the United States-
Canada Free Trade Agreement

    In the matter of:

----------------------------------------------------------------------

----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.

----------------------------------------------------------------------

Notice of Motion

----------------------------------------------------------------------
(descriptive title indicating the purpose of the motion)

1.---------------------------------------------------------------------
(The name of the investigating authority or the interested person 
filing this notice of motion)

2.--------------------------------------------------------------------
(The name of counsel for the investigating authority or the 
interested person, if any)

3.---------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
(The service address, as defined by Rule 3 of the Article 1904 Panel 
Rules, including facsimile number, if any)

4.---------------------------------------------------------------------
(The telephone number of the counsel for the investigating authority 
or the interested person or the telephone number of the interested 
person, if not represented by counsel)

5. Statement of the precise relief requested

6. Statement of the grounds to be argued, including references to 
any rule, point of law, or legal authority to be relied on

7. Arguments in support of the motion, including references to 
evidence in the administrative record by page and, where 
practicable, by line

8. Draft order attached (see Rule 63 and Form (6))

----------------------------------------------------------------------
Date

----------------------------------------------------------------------
Signature of Counsel (or interested person, if not represented by 
counsel)

Form (6)

Article 1904 Binational Panel Review Pursuant to the United States-
Canada Free Trade Agreement

    In the matter of:

----------------------------------------------------------------------

----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.

----------------------------------------------------------------------

Order

    Upon consideration of the motion for____________, (relief 
requested), filed on behalf of ____________, (participant filing 
motion), and upon all other papers and proceedings herein, it is 
hereby ORDERED that the motion is ____________

----------------------------------------------------------------------
Issue Date

----------------------------------------------------------------------
panelist name

----------------------------------------------------------------------
panelist name

----------------------------------------------------------------------
panelist name

----------------------------------------------------------------------
panelist name

----------------------------------------------------------------------
panelist name

Form (7)

Article 1904 Binational Panel Review Pursuant to the United States-
Canada Free Trade Agreement

    In the matter of:

----------------------------------------------------------------------

----------------------------------------------------------------------
(Title of Panel Review)

Secretariat File No.

----------------------------------------------------------------------

Notice of Final Panel Action

    Under the direction of the panel, pursuant to rule 79A of the 
Article 1904 Panel Rules, NOTICE is hereby given that the panel has 
taken its final action in the above-referenced matter.
    This Notice is effective on ____________.

----------------------------------------------------------------------
Issue Date

----------------------------------------------------------------------
Signature of the Responsible Secretary

    Dated: January 25, 1994.
Timothy J. Hauser,
Deputy Under Secretary for International Trade.
[FR Doc. 94-2782 Filed 2-3-94; 1:06 pm]
BILLING CODE 3510-GT-P