[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Notices]
[Pages 66400-66402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22999]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2020-0039]


Applications for Inclusion on the Binational Panels Roster Under 
the United States-Mexico-Canada Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

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SUMMARY: The United States-Mexico-Canada Agreement (USMCA) 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 USMCA 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, 2021, 
through March 31, 2022.

DATES: USTR must receive your application by November 16, 2020.

ADDRESSES: You should submit your application through the Federal 
eRulemaking Portal: http://www.regulations.gov (Regulations.gov), using 
docket number USTR-2020-0039. Follow the instructions for submitting 
comments below. For alternatives to online submissions, please contact 
Sandy McKinzy at (202) 395-9483 before transmitting your application 
and in advance of the deadline.

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

SUPPLEMENTARY INFORMATION:

Binational Panel AD/CVD Reviews Under the USMCA

    Article 10.12 of the USMCA 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 USMCA Party with respect to the products of 
another USMCA Party. Binational panels decide whether AD/CVD 
determinations are in accordance with the domestic laws of

[[Page 66401]]

the importing USMCA Party using the standard of review a domestic court 
of the importing USMCA Party would have applied. 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 3-member 
extraordinary challenge committee, selected from a separate roster 
composed of 15 current or former judges.
    Article 10.11 of the USMCA provides that a USMCA Party may refer an 
amendment to the AD/CVD statutes of another USMCA 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 WTO Antidumping or Subsidies Agreements, successor agreements, or 
the object and purpose of the USMCA 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 USMCA Parties 
must consult and seek to achieve a mutually satisfactory solution.

Roster and Composition of Binational Panels

    Annex 10-B.1 of the USMCA provides for the maintenance of a roster 
of at least 75 individuals for service on Chapter 10 binational panels, 
with each USMCA 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 USMCA 
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 USMCA 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.

Criteria for Eligibility for Inclusion on Roster

    Selections by the United States of individuals for inclusion on the 
Chapter 10 roster are based on the eligibility criteria set out in 
Annex 10-B.1 of the USMCA. Annex 10-B.1 provides that Chapter 10 roster 
members must be citizens of a USMCA Party, must be of good character 
and of high standing and repute, and are to be chosen strictly based on 
their objectivity, reliability, sound judgment, and general familiarity 
with international trade law. Aside from judges, roster members may not 
be affiliated with the governments of any of the three USMCA Parties. 
Annex 10-B.1 also provides that, to the fullest extent practicable, the 
roster should include judges and former judges.

Adherence to the USMCA Code of Conduct for Binational Panelists

    The Code of Conduct under Chapter 10 and Chapter 31 (Dispute 
Settlement) (see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/code-code-codigo.aspx?lang=eng), which 
was established pursuant to Article 10.17 of the USMCA, provides that 
current and former Chapter 10 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 10 panels, as well as those who 
ultimately are 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 
10-B.1 of the USMCA 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 10-B.1 states that 
``[w]hile acting as a panelist, a panelist may not appear as counsel 
before another panel.''

Procedures for Selection of Roster Members

    Section 412 of the United States-Mexico-Canada Agreement 
Implementation Act (Pub. L. 116-113 (19 U.S.C. 4582)), establishes 
procedures for the selection by USTR of the individuals chosen by the 
United States for inclusion on the Chapter 10 roster. The roster is 
renewed annually, and applies during the one-year period beginning 
April 1st of each calendar year.
    For the United States, the current Chapter 10 roster is comprised 
of individuals selected for the Chapter 19 roster beginning April 1, 
2020, under Annex 1901.2 (Establishment of Binational Panels) of the 
NAFTA.
    Under Section 412, an interagency committee chaired by USTR 
prepares a preliminary list of candidates eligible for inclusion on the 
Chapter 10 roster. After consultation with the Senate Committee on 
Finance and the House Committee on Ways and Means, the U. S. Trade 
Representative selects the final list of individuals chosen by the 
United States for inclusion on the Chapter 10 roster.

Applications

    USTR invites eligible individuals who wish to be included on the 
Chapter 10 roster for the period April 1, 2021, through March 31, 2022, 
to submit applications. In order to be assured of consideration, USTR 
must receive your application by November 16, 2020. Applications may be 
submitted electronically to Regulations.gov, using docket number USTR-
2020-0039. For alternatives to online submissions, please contact Sandy 
McKinzy at (202) 395-9483 before transmitting your application and in 
advance of the deadline.
    In order to ensure the timely receipt and consideration of 
applications, USTR strongly encourages applicants to make on-line 
submissions, using Regulations.gov. To submit an application via 
Regulations.gov, enter docket number USTR-2020-0039 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 `comment now' link. For 
further information on using the Regulations.gov, please consult the 
resources provided on the website by clicking on the `How to Use 
Regulations.gov' on the bottom of the page.
    Regulations.gov 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 you submit applications in an attached 
document. If you attach a document, please type `Application for 
Inclusion on USMCA Chapter 10 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.

[[Page 66402]]

    Applications must be typewritten, and should be headed `Application 
for Inclusion on USMCA Chapter 10 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. Submit only one copy of publications, 
testimony, speeches, and decisions.
    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 10 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 10 roster (individuals selected for 
the Chapter 19 roster beginning April 1, 2020) who remain interested in 
inclusion on the Chapter 10 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 previously have applied but were not selected must submit new 
applications to reapply. An applicant, including a current or former 
roster member, who previously has submitted materials referred to in 
item 9, should not resubmit the materials.

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 Regulations.gov. USTR may refer applications to other 
federal agencies and Congressional committees in the course of 
determining eligibility for the roster, and may share them with foreign 
governments and the USMCA Secretariat in the course of panel selection.

False Statements

    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 
10 roster or for appointment to binational panels, are subject to 
criminal sanctions under 18 U.S.C. 1001.

Juan Mill[aacute]n,
Assistant United States Trade Representative for Monitoring and 
Enforcement,Office of the United States Trade Representative.
[FR Doc. 2020-22999 Filed 10-16-20; 8:45 am]
BILLING CODE 3290-F1-P