[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Pages 17357-17358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8638]


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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 April 2, 2002, the Government of Canada 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. Additional requests were received on behalf of the Ontario 
Forest Industries Association (``OFIA'') and the Ontario Lumber 
Manufacturers Association (``OLMA'') and Tembec, Inc., and on behalf of 
West Fraser Mills, Ltd. (``West Fraser''), respectively. On April 3, 
2002, additional Requests were received on behalf of the B.C. Lumber 
Trade Council and its Constituent Associations, the Cariboo Lumber 
Manufacturers' Association, and the Northern Forest Products 
Association and on behalf of Abitibi-Consolidated, Inc., its 
affiliates, and Sciere Saguenay Ltee. Panel review was requested of the 
final determination of Sales at Less Than Fair Value made by the United 
States Department of Commerce, International Trade Administration, 
respecting Certain Softwood Lumber Products from Canada. This 
determination was published in the Federal Register, (67 Fed. Reg. 
15539) on April 2, 2002. The NAFTA Secretariat has assigned Case Number 
USA-CDA-2002-1904-02 to this request.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, D.C. 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

[[Page 17358]]

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 April 2, 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 days after the filing of the first Request for 
Panel Review (the deadline for filing a Complaint is May 2, 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 17, 
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: April 4, 2002.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 02-8638 Filed 4-9-02; 8:45 am]
BILLING CODE 3510-GT-P