North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review

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Federal Register: January 28, 2009 (Volume 74, Number 17)

Notices

Page 4940

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr28ja09-14

DEPARTMENT OF COMMERCE

International Trade Administration

North American Free-Trade Agreement, Article 1904 NAFTA Panel

Reviews; Request for Panel Review

AGENCY: NAFTA Secretariat, United States Section, International Trade

Administration, Department of Commerce.

ACTION: Notice of First Request for Panel Review.

SUMMARY: On January 16, 2009, Ivaco Rolling Mills 2004 L.P. and Sivaco

Ontario, a division of Sivaco Wire Group 2004 L.P. (collectively,

``Ivaco''), filed a First Request for Panel Review with the United

States Section of the NAFTA Secretariat pursuant to Article 1904 of the

North American Free Trade Agreement. Panel Review was requested of the

Final Results of the 2006-2007 Antidumping Duty Administrative Review made by the International Trade Administration, respecting Carbon and

Certain Alloy Steel Wire Rod from Canada. The determination was published in the Federal Register (73 FR 77005) on December 18, 2008.

The NAFTA Secretariat has assigned Case Number USA-CDA-2009-1904-01 to this request.

FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary,

NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue,

Washington, DC 20230. (202) 482-5432.

SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade

Agreement (``Agreement'') established a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel

Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination.

Under Article 1904 of the Agreement, which came into force on

January 1, 1994, the Government of the United States, the Government of

Canada, and the Government of Mexico established Rules of Procedure for

Article 1904 Binational Panel Reviews (``Rules''). These Rules were published in the Federal Register on February 23, 1994 (59 FR 8686).

A first Request for Panel Review was filed with the United States

Section of the NAFTA Secretariat, pursuant to Article 1904 of the

Agreement, on January 16, 2009, requesting a panel review of the determination and order described above.

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 17, 2009);

(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 2, 2009); and

(c) the panel review shall be limited to the allegations of error of fact or law, including the jurisdiction of the investigating authority, that are set out in the Complaints filed in panel review and the procedural and substantive defenses raised in the panel review.

Dated: January 23, 2009.

Valerie Dees,

United States Secretary, NAFTA Secretariat.

FR Doc. E9-1858 Filed 1-27-09; 8:45 am

BILLING CODE 3510-GT-P

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