[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 59015-59017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28933]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


North American Free Trade Agreement; Invitation for Applications 
for Inclusion on the Chapter 19 Roster

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

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SUMMARY: Chapter 19 of the North American Free Trade Agreement (NAFTA) 
provides for the establishment of a roster of individuals to serve on 
binational panels convened to review final determinations in 
antidumping or countervailing duty (AD/CVD) proceedings and amendments 
to AD/CVD statutes of a NAFTA Party. The United States annually renews 
its selections for the Chapter 19 roster. Applications are invited from 
eligible individuals wishing to be included on the roster for the 
period April 1, 1998 through March 31, 1999.

DATES: Applications should be received no later than December 1, 1997.

ADDRESSES: Applications should be sent to Ms. Sybia Harrison, Attn: 
Chapter 19 Roster Applications, Office of the United States Trade 
Representative, 600 17th Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: With regard to the form of the 
application, Ms. Sybia Harrison, (202) 395-3419; with regard to 
eligibility requirements, William L. Busis, Associate General Counsel, 
(202) 395-3150.

SUPPLEMENTARY INFORMATION:

Binational Panel Reviews Under NAFTA Chapter 19

    Article 1904 of the NAFTA provides that a party involved in an AD/
CVD

[[Page 59016]]

proceeding may obtain review by a binational panel of a final AD/CVD 
determination of one NAFTA Party with respect to the products of 
another NAFTA Party. Binational panels decide whether such AD/CVD 
determinations are in accordance with the domestic laws of the 
importing NAFTA Party, and must use the standard of review that would 
have been applied by a domestic court of the importing NAFTA Party. A 
panel may uphold the AD/CVD determination, or may 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 three-member extraordinary challenge committee, 
selected from a separate roster composed of fifteen current or former 
judges.
    Article 1903 of the NAFTA provides that a NAFTA Party may refer an 
amendment to the AD/CVD statutes of another NAFTA Party to a binational 
panel for a declaratory opinion as to whether the amendment is 
inconsistent with the General Agreement on Tariffs and Trade (GATT), 
the GATT Antidumping or Subsidies Codes, successor agreements, or the 
object and purpose of the NAFTA with regard to the establishment of 
fair and predictable conditions for the liberalization of trade. If the 
panel finds that the amendment is inconsistent, the two NAFTA Parties 
shall consult and seek to achieve a mutually satisfactory solution.

Chapter 19 Roster and Composition of Binational Panels

    Annex 1901.2 of the NAFTA provides for the maintenance of a roster 
of at least 75 individuals for service on Chapter 19 binational panels, 
with each NAFTA Party selecting at least 25 individuals. A separate 
five-person panel is formed for each review of a final AD/CVD 
determination or statutory amendment. To form a panel, the two NAFTA 
Parties involved each appoints two panelists, normally by drawing upon 
individuals from the roster. If the Parties cannot agree upon the fifth 
panelist, one of the Parties, decided by lot, selects the fifth 
panelist from the roster. The majority of individuals on each panel 
must consist of lawyers in good standing, and the chair of the panel 
must be a lawyer.
    Upon each request for establishment of a panel, roster members from 
the two involved NAFTA Parties will be requested to complete a 
disclosure form, which will be used to identify possible conflicts of 
interest or appearances thereof. The disclosure form requests 
information regarding financial interests and affiliations, including 
information regarding the identity of clients of the roster member and, 
if applicable, clients of the roster member's firm.

Criteria for Eligibility for Inclusion on Chapter 19 Roster

    Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as 
amended (19 U.S.C. 3432)) (``Section 402'') provides that selections by 
the United States of individuals for inclusion on the Chapter 19 roster 
are to be based on the eligibility criteria set out in Annex 1901.2 of 
the NAFTA, and without regard to political affiliation. Annex 1901.2 
provides that Chapter 19 roster members must be citizens of a NAFTA 
Party, must be of good character and of high standing and repute, and 
are to be chosen strictly on the basis of their objectivity, 
reliability, sound judgment and general familiarity with international 
trade law. Aside from judges, roster members may not be affiliated with 
any of the three NAFTA Parties. Section 402 also provides that, to the 
fullest extent practicable, judges and former judges who meet the 
eligibility requirements should be selected.

Procedures for Selection of Chapter 19 Roster Members

    Section 402 establishes procedures for the selection by the United 
States Trade Representative of the individuals chosen by the United 
States for inclusion on the Chapter 19 roster. The roster is renewed 
annually, and applies during the one-year period beginning April 1 of 
each calendar year.
    Under section 402, an interagency committee chaired by the United 
States Trade Representative prepares a preliminary list of candidates 
eligible for inclusion on the Chapter 19 Roster. After consultation 
with the Senate Committee on Finance and the House Committee on Ways 
and Means, the United States Trade Representative selects the final 
list of individuals chosen by the United States for inclusion on the 
Chapter 19 roster.

Remuneration

    Roster members selected for service on a Chapter 19 binational 
panel will be remunerated at the rate of 400 Canadian dollars per day.

Applications

    Eligible individuals who wish to be included on the Chapter 19 
roster for the period April 1, 1998 through March 31, 1999 are invited 
to submit applications. Applicants should submit an original 
application and 1 copy. Applications must be typewritten, and should be 
headed ``Application for Inclusion on NAFTA Chapter 19 Roster.'' 
Applications should include the following information, and each section 
of the application should be numbered as indicated:
    1. Name of the applicant.
    2. Business address, telephone and 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. Spanish language fluency, written and spoken.
    7. Post-education employment history, including the dates and 
address of each prior position and a summary of responsibilities.
    8. Relevant professional affiliations and certifications, 
including, if any, current bar memberships in good standing.
    9. A list and copies of publications, testimony and speeches, if 
any, concerning AD/CVD law. Judges or former judges should list 
relevant judicial decisions. Only one copy of publications, testimony, 
speeches and decisions need be submitted.
    10. Summary of any current and past employment by, or consulting or 
other work for, the United States, Canadian or Mexican Governments.
    11. The names and nationalities of all foreign principals for whom 
the applicant is currently or has previously been registered pursuant 
to the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the 
dates of all registration periods.
    12. List of proceedings brought under U.S., Canadian or Mexican AD/
CVD law 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.
    13. A short statement of qualifications and availability for 
service on Chapter 19 panels, including information relevant to the 
applicant's familiarity with international trade law and willingness 
and ability to make time commitments necessary for service on panels.
    14. On a separate page, the names, addresses, telephone and fax 
number of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
familiarity with international trade laws, character, reputation, 
reliability, and judgment.

[[Page 59017]]

Current Roster Members and Prior Applicants

    Current members of the Chapter 19 roster who remain interested in 
inclusion on the Chapter 19 roster are requested to submit updated 
applications. Individuals who have previously applied but have not been 
selected may reapply. If an applicant, including a current or former 
roster member, has previously submitted materials referred to in item 
9, such materials need not be resubmitted.

Public Disclosure

    Applications normally will be subject to public disclosure. An 
applicant who wishes to exempt information from public disclosure 
should follow the procedures set forth in 15 CFR 2003.6.

False Statements

    Pursuant to section 402(c)(5) of the NAFTA Implementation Act, 
false statements by applicants regarding their personal or professional 
qualifications, or financial or other relevant interests, which bear on 
the applicants' suitability for placement on the Chapter 19 roster or 
for appointment to binational panels are subject to criminal sanctions 
under 18 U.S.C. 1001.

Paperwork Reduction Act

    This notice contains a collection of information provision subject 
to the Paperwork Reduction Act (PRA) which has been approved by the 
Office of Management and Budget (OMB). Notwithstanding any other 
provision of law, no person is required to respond to nor shall a 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the PRA unless that 
collection of information displays a currently valid OMB number. This 
notice's collection of information burden is only for those persons who 
wish to voluntarily apply for nomination to the NAFTA Chapter 19 
roster. It is expected that the collection of information burden will 
be under 3 hours. This collection of information contains no annual 
reporting or record keeping burden. This collection of information was 
approved by OMB under OMB Control Number 0350-0007. Please send 
comments regarding the collection of information burden or any other 
aspect of the information collection to USTR at the address above.

Privacy Act

    The following statements are made in accordance with the Privacy 
Act of 1974, as amended (5 U.S.C. 552a). The authority for requesting 
information to be furnished is section 402 of the NAFTA Implementation 
Act. Provision of the information requested above is voluntary; 
however, failure to provide the information will preclude your 
consideration as a candidate for the NAFTA Chapter 19 roster. The 
information provided is needed, and will be used by USTR, other Federal 
Government trade policy officials concerned with NAFTA dispute 
settlement, and officials of the other NAFTA Parties to select well-
qualified individuals for inclusion on the Chapter 19 roster and for 
service on Chapter 19 binational panels.
Susan G. Esserman,
General Counsel.
[FR Doc. 97-28933 Filed 10-30-97; 8:45 am]
BILLING CODE 3190-01-P