[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62878-62880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28751]


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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, 2010, through March 31, 2011.

DATES: Applications should be received no later than December 16, 2009.

ADDRESSES: Applications should be submitted (i) electronically to 
http://www.regulations.gov, docket number USTR-2009-0039, or (ii) by 
fax, to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: J. Daniel Stirk, Assistant General 
Counsel, Office of the United States Trade Representative, (202) 395-
9617.

SUPPLEMENTARY INFORMATION: 

Binational Panel Reviews Under NAFTA Chapter 19

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

Adherence to the NAFTA Code of Conduct for Binational Panelists

    The ``Code of Conduct for Dispute Settlement Procedures Under 
Chapters 19 and 20'' (see http://www.nafta-sec-alena.org/en/view.aspx?x=345&mtpiID=ALL), which was established pursuant to Article 
1909 of the NAFTA, provides that current and former Chapter 19 roster 
members ``shall avoid impropriety and the appearance of impropriety and 
shall observe high standards of conduct so that the integrity and 
impartiality of the dispute settlement process is preserved.'' The Code 
also provides that candidates to serve on chapter 19 panels, as well as 
those who are ultimately selected to serve as panelists, have an 
obligation to ``disclose any interest, relationship or matter that is 
likely to affect [their] impartiality or independence, or that might 
reasonably create an appearance of impropriety or an apprehension of 
bias.'' Annex 1901.2 of the NAFTA provides that roster members may 
engage in other business while serving as panelists, subject to the 
Code of Conduct and provided that such business does not interfere with 
the performance of the panelist's duties. In

[[Page 62879]]

particular, Annex 1901.2 states that ``[w]hile acting as a panelist, a 
panelist may not appear as counsel before another panel.''

Procedures for Selection of Chapter 19 Roster Members

    Section 402 establishes procedures for the selection by the Office 
of the United States Trade Representative (``USTR'') 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 USTR 
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, USTR 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 800 Canadian dollars per day.

Applications

    Eligible individuals who wish to be included on the Chapter 19 
roster for the period April 1, 2010, through March 31, 2011, are 
invited to submit applications. Persons submitting applications may 
either send one copy by fax to Sandy McKinzy at 202-395-3640, or should 
be submitted electronically http://to www.regulations.gov, docket 
number USTR-2009-0039.
    To submit an application via http://www.regulations.gov, enter 
docket number USTR-2009-0039 on the home page and click ``search''. The 
site will provide a search-results page listing all documents 
associated with this docket. Find a reference to this notice by 
selecting ``Notice'' under ``Document Type'' on the left side of the 
search-results page, and click on the link entitled ``Submit a 
Comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on 
the website by clicking on ``How to Use This Site'' on the left side of 
the home page.)
    The http://www.regulations.gov site provides the option of 
providing comments by filling in a ``Type Comment and Upload File'' 
field, or by attaching a document. It is expected that most 
applications will be provided in an attached document. If a document is 
attached, it is sufficient to type ``See attached'' in the ``Type 
Comment and Upload File'' field.
    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 number, fax number, and e-mail 
address.
    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 
addresses 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 Governments of the United States, Canada, or 
Mexico.
    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 the 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 
numbers of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and familiarity with 
international trade law.

Current Roster Members and Prior Applicants

    Current members of the Chapter 19 roster who remain interested in 
inclusion on the Chapter 19 roster must 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 not be subject to public disclosure and 
will not be posted publicly on http://www.regulations.gov. They may be 
referred to other federal agencies in the course of determining 
eligibility for the roster, and shared with foreign governments and the 
NAFTA Secretariat in the course of panel selection.

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 that 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'') that 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 voluntarily to 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 0350-0014. Please send 
comments regarding the collection of information burden or any

[[Page 62880]]

other aspect of the information collection to USTR at the above e-mail 
address or fax number.

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. This 
information is maintained in a system of records entitled ``Dispute 
Settlement Panelists Roster.'' Notice regarding this system of records 
was published in the Federal Register on November 30, 2001. 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.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-28751 Filed 11-30-09; 8:45 am]
BILLING CODE 3190-W0-P