[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] _______________________________________________________________________ Part IV Department of Commerce _______________________________________________________________________ International Trade Administration _______________________________________________________________________ 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