[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Page 62055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19439]


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DEPARTMENT OF COMMERCE

International Trade Administration


United States-Mexico-Canada Agreement (USMCA), Article 10.12: 
Binational Panel Review: Notice of Request for Panel Review

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

ACTION: Notice of USMCA request for panel review.

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SUMMARY: A Request for Panel Review was filed in the matter of Certain 
Softwood Lumber from Canada: Final Results of a Final Rescission, in 
Part, of the Countervailing Duty Administrative Review; 2021 with the 
U.S. Section of the USMCA Secretariat on August 31, 2023, pursuant to 
USMCA Article 10.12. The final results of the administrative review 
were published in the Federal Register on August 1, 2023. The USMCA 
Secretariat has assigned case number USA-CDA-2023-10.12-01 to this 
request.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary, 
USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, 
DC 20230, 202-482-5438.

SUPPLEMENTARY INFORMATION: Article 10.12 of chapter 10 of USMCA 
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 USMCA Rules of Procedure for Article 
10.12 (Binational Panel Reviews), which were adopted by the three 
governments for panels requested pursuant to article 10.12(2) of USMCA 
which requires Requests for Panel Review to be published in accordance 
with Rule 40. For the complete Rules, please see https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng.
    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 44 no later than 30 days after the filing of the first 
Request for Panel Review (the deadline for filing a Complaint is 
October 2, 2023);
    (b) A Party, an investigating authority or other interested person 
who does not file a Complaint but who intends to participate in the 
panel review shall file a Notice of Appearance in accordance with Rule 
45 no later than 45 days after the filing of the first Request for 
Panel Review (the deadline for filing a Notice of Appearance is October 
16, 2023);
    (c) The panel review will 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: September 5, 2023.
Vidya Desai,
U.S. Secretary, USMCA Secretariat.
[FR Doc. 2023-19439 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-GT-P