[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Page 25388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09314]
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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 Fabricated Structural Steel from Canada; injury determination
(Secretariat file number: USA-CDA-2020-1904-05).
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SUMMARY: A Request for Panel Review was filed on behalf of the
Government of Canada, Canadian Institute of Steel Construction, Canam
Group, Inc., Canatal Industries, Inc., and Walters Inc. with the United
States Section of the NAFTA Secretariat on April 17, 2020, pursuant to
NAFTA Article 1904. Panel Review was requested of the U.S.
International Trade Commission's final negative injury determination
regarding Certain Fabricated Structural Steel from Canada. The final
determination was published in the Federal Register on March 20, 2020.
The NAFTA Secretariat has assigned case number USA-CDA-2020-1904-05 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 May 18, 2020);
(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 June 1,
2020); 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: April 28, 2020.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2020-09314 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-GT-P