[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9653]


[[Page Unknown]]

[Federal Register: April 21, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration

 

North American Free-Trade Agreement, Article 1904 Binational 
Panel Reviews; Request for Panel Review

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

ACTION: Notice of first request for panel review.

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SUMMARY: On March 16, 1994 the Canadian Horticultural Council filed a 
First Request for Panel Review with the Canadian Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free-Trade 
Agreement. Panel review was requested of the final affirmative injury 
determination made by the Canadian International Trade Tribunal 
respecting Fresh, Whole, Delicious, Red Delicious and Golden Delicious 
Apples, Excluding Delicious, Red Delicious and Golden Delicious Apples 
Imported in Non-Standard Containers for Processing. This determination 
was published in the Canada Gazette on February 19, 1994. The NAFTA 
Secretariat has assigned Case Number CDA-94-1904-01 to this request.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, United States 
Secretary, NAFTA Secretariat, suite 2061, 14th and Constitution Avenue, 
Washington, DC 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade 
Agreement (``Agreement'') establishes a mechanism to replace domestic 
judicial review of final determinations in antidumping and 
countervailing duty cases involving imports from a NAFTA country with 
review by independent binational panels. When a Request for Panel 
Review is filed, a panel is established to act in place of national 
courts to review expeditiously the final determination to determine 
whether it conforms with the antidumping or countervailing duty law of 
the country that made the determination.
    Under Article 1904 of the Agreement, which came into force on 
January 1, 1994, the Government of the United States, the Government of 
Canada and the Government of Mexico established Rules of Procedure for 
Article 1904 Binational Panel Reviews (``Rules''). These Rules were 
published in the Federal Register on February 23, 1994.
    A first Request for Panel Review was filed with the Canadian 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on March 16, 1994, requesting panel review of the final 
injury determination described above.
    Rule 39(1)(c) of the Rules provides that:
    (a) A Party or interested person may challenge the final 
determination in whole or in part by filing a Complaint in accordance 
with Rule 39 within 30 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is April 15, 1994);
    (b) A Party, investigating authority or interested person that does 
not file a Complaint but that intends to appear in support of any 
reviewable portion of the final determination may participate in the 
panel review by filing a Notice of Appearance in accordance with Rule 
40 within 45 days after the filing of the first Request for Panel 
Review (the deadline for filing a Notice of Appearance is May 2, 1994); 
and
    (c) The panel review shall be limited to the allegations of error 
of fact or law, including the jurisdiction of the investigating 
authority, that are set out in the Complaints filed in the panel review 
and the procedural and substantive defenses raised in the panel review.

James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 94-9653 Filed 4-20-94; 8:45 am]
BILLING CODE 3510-GT-M