[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Notices]
[Pages 58331-58333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28889]



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DEPARTMENT OF COMMERCE

North American Free Trade Agreement Article 1904 Binational Panel 
Reviews: Applications of Individuals to Serve on Binational Dispute 
Settlement Panels for Review of Antidumping and Countervailing Duty 
Matters

AGENCY: North American Free Trade Agreement Secretariat, United States 
Section, International Trade Administration, Department of Commerce.

ACTION: Invitation for applications from U.S. candidates for nomination 
to the roster of persons eligible to serve on binational panels 
convened to review antidumping and countervailing duty matters under 
Chapter 19 of the North American Free Trade Agreement.

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SUMMARY: Chapter 19 of the North American Free Trade Agreement (NAFTA) 
provides for the establishment of a roster of individuals unaffiliated 
with the U.S., Canadian or Mexican Governments who are willing to serve 
on binational panels convened to review: (1) final determinations in 
U.S., Canadian or Mexican antidumping or countervailing duty (AD/CVD) 
proceedings involving imports from other countries party to NAFTA; and 
(2) amendments to a NAFTA Party's antidumping or countervailing duty 
statutes. This notice invites applications from U.S. citizens wishing 
to be considered for inclusion on the roster of candidates eligible to 
be selected to serve on such panels and summarizes eligibility criteria 
for roster members and panelists.

DATE FOR SUBMISSIONS: Eligible citizens are encouraged to apply by 
December 11, 1995 to be considered for nomination to the roster in 
January 1996.

FOR FURTHER INFORMATION CONTACT:
For further information concerning the form of the application, contact 
Sybia Harrison, Legal Assistant, Office of the General Counsel, Office 
of the U.S. Trade Representative (USTR) at (202) 395-3432. For 
information concerning Chapter 19 or the duties involved, contact 
Amelia Porges, Associate General Counsel, USTR, (202) 395-7305, James 
Southwick, Assistant General Counsel, USTR, (202) 395-6800, or James R. 
Holbein, U.S. Secretary, NAFTA Secretariat (202) 482-5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the NAFTA provides for review 
by binational panels of final determinations in U.S., Canadian and 
Mexican antidumping and countervailing duty (AD/CVD) proceedings 
involving imports from another NAFTA Party, and for review of 
amendments to U.S., Canadian and Mexican AD/CVD statutes.

(1) Review of AD/CVD Determinations

    Final administrative determinations under the AD/CVD laws of the 
NAFTA Parties (Canada, Mexico and the United States) are subject to 
review by binational panels, rather than by 

[[Page 58332]]
national courts, if requested by an appropriate U.S., Canadian or 
Mexican party to the proceeding, to the extent that such determinations 
involve products of a NAFTA Party. Binational panels decide whether 
such determinations are in accordance with the relevant national law, 
using the standards of review that would have been applied by a 
national court in such circumstances. A panel may uphold the 
determination or remand it to the national administering authority for 
action not inconsistent with the panel's decision. Panel decisions may 
be reviewed in specific circumstances by a binational ``Extraordinary 
Challenge Committee'' composed of current and former judges. The United 
States, Canada and Mexico are obligated under Chapter 19 to give effect 
to final panel decisions. Chapter 19 does not affect the right of NAFTA 
Parties to impose AD/CVD duties in accordance with their national laws, 
including against products of other NAFTA Parties.

(2) Review of Amendments to AD/CVD Statutes

    Chapter 19 also provides that at the request of the United States, 
Canada or Mexico, a binational panel will review and issue a 
declaratory opinion concerning whether an amendment to another NAFTA 
Party's AD/CVD statutes made after entry into force of the NAFTA is 
inconsistent with the provisions of the General Agreement on Tariffs 
and Trade (GATT), the GATT Antidumping or Subsidies Codes, any 
successor agreements to which all three Parties are a party, or the 
object and purposes of the NAFTA.

Composition of Panels

    Chapter 19 provides for the development of a roster of at least 75 
potential panelists, with each government selecting at least 25 
individuals. A separate five-person panel will be formed for each 
review of an AD/CVD administrative determination or statutory 
amendment. To form a panel the two governments involved will each 
appoint two panelists, normally by drawing upon individuals from the 
roster. If the governments cannot agree upon the fifth panelist, they 
will decide by lot which of them shall select the fifth panelist from 
the roster. The majority of individuals on each panel must be lawyers 
in good standing, and the chair of the panel must be a lawyer.

Criteria for Eligibility

    Chapter 19 sets out a number of criteria for determining the 
eligibility of individuals to be included on the roster. Roster members 
must be U.S., Canadian or Mexican citizens, and must be of good 
character and of high standing and repute. They are to be chosen 
strictly on the basis of objectivity, reliability, sound judgment and 
general familiarity with international trade law. Panelists may not be 
affiliated with any of the three governments. Judges and retired judges 
are particularly encouraged to apply.

Selection Criteria and Procedures

    Section 402 of the NAFTA Implementation Act and the accompanying 
Statement of Administrative Action establish U.S. implementing 
procedures and requirements for the selection of U.S. members of the 
roster. Section 402 provides that U.S. roster members are to be 
selected in accordance with the eligibility criteria set out in Chapter 
19 of the FTA and without regard to political affiliation. Individuals 
who would have a conflict of interest in the exercise of the duties of 
a panelist will not be selected as roster members.
    Under section 402, an interagency group, chaired by the United 
States Trade Representative (the USTR) must prepare a list of 
candidates qualified to be chosen by the United States as roster 
members. After consulting with the Senate Committee on Finance and the 
House Committee on Ways and Means in accordance with the requirements 
and schedule set out in section 402, the USTR will select the final 
list of U.S. candidates to serve on the roster.

Remuneration

    Panelists will be remunerated at the rate of 400 Canadian dollars 
per day (approximately US$295 at current exchange rates) for each day 
of actual service, if they are chosen to serve on a panel.

Procedures for Applications

    Applications must be typewritten and submitted along with 10 copies 
by December 11, 1995 to: Section 402 Committee, Room 223, Office of the 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, N.W., Washington, D.C. 20506. Applications should be 
headed ``Application for Inclusion on FTA Chapter 19 Roster of 
Panelists'' and must include the following information:
    1. Name of the applicant.
    2. Business address, telephone number and, if available, fax 
number.
    3. Citizenship(s).
    4. Current employment, including title, description of 
responsibility, and name and address of employer.
    5. Relevant education and professional training.
    6. Post-education employment history, including the dates and 
address of each prior position and a summary of responsibilities.
    7. Relevant professional affiliations and certifications, including 
current bar admissions, if any.
    8. List of publications, testimony and speeches, including a single 
copy (not 10 as in the application itself) of speeches and publications 
concerning subsidies or antidumping or countervailing duty law. Judges 
or former judges should list relevant judicial decisions.
    9. Summary of any current and past employment by, or consulting or 
other work for, the U.S., Canadian or Mexican Governments.
    10. List of proceedings brought under U.S., Canadian or Mexican 
antidumping or countervailing duty laws regarding imports of U.S., 
Canadian or Mexican products in which applicant advised or represented 
(for example, as consultant or attorney) any U.S., Canadian or Mexican 
party to such proceeding and, for each such proceeding listed, the name 
and country of incorporation of such party.
    11. A short statement of qualifications and availability for 
service on Chapter 19 panels, including information relevant to the 
applicant's: (a) familiarity with international trade law; and (b) 
willingness and ability to make time commitments necessary for service 
on panels.
    12. Names, addresses, telephone and, if available, fax number of 
three individuals willing to provide information to USTR concerning the 
applicant's qualifications for service, including the applicant's 
familiarity with international trade laws, character, reputation, 
reliability, and judgment.

    Note: Information provided by applicants in response to the 
above questions will be used by the interagency group for the 
purpose of initial screening of candidates. Further information 
regarding financial interests and affiliations may be requested from 
prospective candidates at a later stage of the selection process for 
purposes of assessing conflicts of interest, and the appearance of 
such conflicts, in respect to service on panels. Individuals 
selected as roster members will be required to make additional, 
specific disclosures in regard to conflicts and appearances of 
conflicts in connection with their appointment to particular panels. 
Copies of publications and speeches submitted under item 8 above 
will be returned to the applicant upon request. Information 
submitted will be subject to public disclosure. Any information that 
should not be disclosed to the public should be clearly indicated as 
such on each page of the submission.

[[Page 58333]]


Current Members

    Current members of the Chapter 19 roster who are interested in 
continuing to serve on Chapter 19 panels should reapply in response to 
this notice. Current members who are no longer interested in serving on 
panels need not notify USTR as they will be automatically removed from 
the list. Individuals who have previously applied but have not been 
selected for a final candidate list may reapply.

False Statements

    Pursuant to section 402(c)(5) of the Act, false statements by an 
applicant to USTR regarding their personal or professional 
qualification, or financial or other relevant interests, which bear on 
the applicant's suitability for placement on rosters and appointment to 
panels are subject to criminal sanctions under 18 U.S.C. 1001.

    Dated: November 20, 1995.
James R. Holbein,
United States Secretary, NAFTA Secretariat.
[FR Doc. 95-28889 Filed 11-24-95; 8:45 am]
BILLING CODE 3510-GT-M