[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Pages 16090-16091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8170]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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

ACTION: Notice of First Request for Panel Review.

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SUMMARY: On March 27, 2002, Veg Gro Sales, Inc. (a.k.a. K&M Produce 
Distributors Inc.); Red Zoo Marketing (a.k.a. Performance Produce 
Limited); Mastronardi Produce Limited; J-D Marketing Inc.; and all 
Ontario companies subject to the ``all others'' rate filed a First 
Request for Panel Review with the United States Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. A second request on behalf of BC Hot House Foods, Inc. was 
filed on the same date. Panel review was requested of the final results 
of the final Determination of Sales at Less Than Fair Value respecting 
Greenhouse Tomatoes From Canada made by the United States International 
Trade Administration. These determinations were published in the 
Federal Register, (67 FR 8781) on February 26, 2002. The NAFTA 
Secretariat has assigned Case Number USA-CDA-2002-1904-04 to these 
requests.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, 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 (59 FR 8686).
    A first Request for Panel Review was filed with the United States 
Section of the NAFTA Secretariat, pursuant to Article 1904 of the 
Agreement, on March 27, 2002, requesting panel review of the final 
determination described above.
    The Rules provide 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

[[Page 16091]]

days after the filing of the first Request for Panel Review (the 
deadline for filing a Complaint is April 26, 2002);
    (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 13, 
2002); 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.

    Dated: March 28, 2002.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 02-8170 Filed 4-3-02; 8:45 am]
BILLING CODE 3510-GT-P