[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Page 5609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02475]


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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 100- 
to 150-Seat Large Civil Aircraft from Canada: Final Affirmative 
Determination of Sales at Less Than Fair Value (Secretariat File 
Number: USA-CDA-2018-1904-02).

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SUMMARY: Requests for Panel Review were filed on behalf of Bombardier 
Inc. and C Series Aircraft Limited Partnership and the Government of 
Canada with the United States Section of the NAFTA Secretariat on 
January 19, 2018, pursuant to NAFTA Article 1904. Panel Review was 
requested of the Department of Commerce's Final Affirmative 
Determination of Sales at Less Than Fair Value regarding 100- to 150-
Seat Large Civil Aircraft from Canada. The final determination was 
published in the Federal Register on December 27, 2017 (82 FR 61,255). 
The NAFTA Secretariat has assigned case number USA-CDA-2018-1904-02 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: Chapter 19 of 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 February 20, 
2018);
    (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 March 5, 
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: February 2, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018-02475 Filed 2-7-18; 8:45 am]
 BILLING CODE 3510-GT-P