[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55447-55449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24119]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0033]


Applications for Inclusion on the Binational Panels Roster Under 
the North American Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

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SUMMARY: 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 roster. The Office of the United States Trade 
Representative (USTR) invites applications from eligible individuals 
wishing to be included on the roster for the period April 1, 2019, 
through March 31, 2020.

DATES: USTR must receive your application by November 26, 2018.

ADDRESSES: You should submit your application through the Federal 
eRulemaking Portal: http://www.regulations.gov, using docket number 
USTR-2018-0033. Follow the submission instructions in sections 7 and 8 
below. For alternatives to online submissions, please contact Sandy 
McKinzy at (202) 395-9483 before transmitting your application and in 
advance of the November 26, 2018 deadline.

FOR FURTHER INFORMATION CONTACT: Philip Butler, Assistant General 
Counsel, [email protected], (202) 395-5804.

SUPPLEMENTARY INFORMATION: 

1. Binational Panel AD/CVD Reviews Under the NAFTA

    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 AD/CVD 
determinations are in accordance with the domestic laws of the 
importing NAFTA Party using 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 15 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 
must consult and seek to achieve a mutually satisfactory solution.

2. 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.
    When there is a request to establish a panel, roster members from 
the two involved NAFTA Parties will complete a disclosure form that is 
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.

3. Criteria for Eligibility for Inclusion on Roster

    Section 402 of the NAFTA Implementation Act (Pub. L. 103-182,

[[Page 55448]]

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.

4. Adherence to the NAFTA Code of Conduct for Binational Panelists

    The ``Code of Conduct for Dispute Settlement Procedures Under 
Chapters 19 and 20'' (https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Code-of-Conduct), 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 of Conduct 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 particular, Annex 1901.2 states that ``[w]hile acting as a 
panelist, a panelist may not appear as counsel before another panel.''

5. Procedures for Selection of Roster Members

    Section 402 establishes procedures for the selection by 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 1st 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, the United States 
Trade Representative selects the final list of individuals chosen by 
the United States for inclusion on the Chapter 19 roster.

6. Remuneration

    Roster members selected for service on a Chapter 19 binational 
panel will be remunerated at the rate of 800 Canadian dollars per day.

7. Applications

    USTR invite eligible individuals who wish to be included on the 
Chapter 19 roster for the period April 1, 2019, through March 31, 2020, 
to submit an application. In order to be assured of consideration, USTR 
must receive your application by November 26, 2018. All submissions 
must be sent electronically via www.regulations.gov. For alternatives 
to online submissions, please contact Sandy McKinzy at (202) 395-9483 
before transmitting your application and in advance of the November 26, 
2018 deadline.
    To submit an application via regulations.gov, enter docket number 
USTR-2018-0033 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 ``comment now!'' link. For further information on 
using the www.regulations.gov website, please consult the resources 
provided on the website by clicking on the ``How to Use 
Regulations.gov'' on the bottom of the page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``type comment'' field, or by attaching a document using 
an ``upload file'' field. USTR prefers that applications be provided in 
an attached document. If a document is attached, please type 
``Application for Inclusion on NAFTA Chapter 19 Roster'' in the 
``upload file'' field. USTR prefers submissions in Microsoft Word 
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application 
other than those two, please indicate the name of the application in 
the ``type comment'' 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 email 
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.


[[Page 55449]]



8. Current Roster Members and Prior Applicants

    Current members of the Chapter 19 roster who remain interested in 
inclusion on the Chapter 19 roster only need to indicate that they are 
reapplying and submit updates (if any) to their applications on file. 
Current members do not need to resubmit their applications. Individuals 
who have previously applied but have not been selected must submit new 
applications to 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.

9. Public Disclosure

    Applications are covered by a Privacy Act System of Records Notice 
and are not subject to public disclosure and will not be posted 
publicly on www.regulations.gov. They may be referred to other federal 
agencies and Congressional committees in the course of determining 
eligibility for the roster, and shared with foreign governments and the 
NAFTA Secretariat in the course of panel selection.

10. 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.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-24119 Filed 11-2-18; 8:45 am]
 BILLING CODE 3290-F9-P