[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Page 65887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29309]


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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 November 12, 2003, Domex Marketing, Inc (Domex), L&M 
Companies, Inc. (L&M), Nuchief Sales, Inc. (Nuchief), Oneonta Trading 
Corporation (Oneonta), PAC Marketing International, LLC. (PAC), Rainier 
Fruit Company (Rainier Fruit) and Sage Marketing LLC (Sage) filed a 
First Request for Panel Review with the Mexican Section of the NAFTA 
Secretariat pursuant to Article 1904 of the North American Free Trade 
Agreement. Panel review was requested of the final countervailing duty 
determination made by the Secretaria de Economia, respecting Apples, 
Table Apples and Their Varieties of Red Delicious and Its Mutations and 
Golden Delicious Apples from the United States of America. This 
determination was published in the Diario Oficial de la Federacion del, 
on October 21, 2003. The NAFTA Secretariat has assigned Case Number 
MEX-USA-2003-1904-02 to this request.

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 Mexican Section 
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on 
November 12, 2003, 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 December 12, 
2003);
    (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 December 29, 
2003); 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: November 18, 2003.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 03-29309 Filed 11-21-03; 8:45 am]
BILLING CODE 3510-GT-P