[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60002-60003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27116]


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DEPARTMENT OF COMMERCE

International Trade Administration


North American Free Trade Agreement (NAFTA), Article 1904 
Binational Panel Review: Notice of Request for Panel Review

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

ACTION: Notice of NAFTA Request for Panel Review in the matter of 
Certain Softwood Lumber Products from Canada: Final affirmative 
determination of sales at less than fair value and affirmative final 
determination of critical circumstances (Secretariat file number: USA-
CDA-2017-1904-03).

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SUMMARY: A Request for Panel Review was filed on behalf of the 
Government of Canada, the Government of Ontario, the Government of 
Qu[eacute]bec, British Columbia Lumber Trade Council (``BCLTC''), 
Conseil de l'Industrie forestiere du Qu[eacute]bec (``CIFQ''), Ontario 
Forest Industries Association (``OFIA''), Canfor Corporation 
(``Canfor''), Resolute FP Canada Inc. (``Resolute''), Tolko Marketing 
and Sales Ltd. and Tolko Industries Ltd. (``Tolko''), and West Fraser 
Mills Ltd. (``West Fraser'') with the United States Section of the 
NAFTA Secretariat on December 5, 2017, pursuant to NAFTA Article 1904. 
Panel Review was requested of the Department of Commerce's final 
determination regarding Certain Softwood Lumber Products from Canada. 
The final determination was published in the Federal Register on 
November 8, 2017 (82 FR 51806). The NAFTA Secretariat has assigned case 
number USA-CDA-2017-1904-03 to this request.

FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States 
Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, 
Washington, DC 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Article 1904 of NAFTA provides a dispute 
settlement mechanism involving trade remedy determinations issued by 
the Government of the United States, the Government of Canada, and the 
Government of Mexico. Following a Request for Panel Review, a 
Binational Panel is composed to review the trade remedy determination 
being challenged and issue a binding Panel Decision. There are 
established NAFTA Rules of Procedure for Article 1904 Binational Panel 
Reviews, which were adopted by the three governments for panels 
requested pursuant to Article 1904(2) of NAFTA which requires Requests 
for Panel Review to be published in accordance with Rule 35. For the 
complete Rules, please see https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Rules-of-Procedure/Article-1904.
    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 January 4, 2018);

[[Page 60003]]

    (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 January 19, 
2018); and
    (c) The panel review shall be limited to the allegations of error 
of fact or law, including challenges to the jurisdiction of the 
investigating authority, that are set out in the Complaints filed in 
the panel review and to the procedural and substantive defenses raised 
in the panel review.

    Dated: December 12, 2017.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2017-27116 Filed 12-15-17; 8:45 am]
 BILLING CODE 3510-GT-P