Applications for Inclusion on the Binational Panels Roster Under the United States-Mexico-Canada Agreement
| Published date | 25 October 2021 |
| Citation | 86 FR 58996 |
| Record Number | 2021-23173 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58996-58997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23173]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2021-0018]
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, 2022,
through March 31, 2023.
DATES: USTR must receive your application by November 22, 2021.
ADDRESSES: You should submit your application through the Federal
eRulemaking Portal: http://www.regulations.gov (regs.gov), using docket
number USTR-2021-0018. Follow the instructions for submitting comments
below.
FOR FURTHER INFORMATION CONTACT: Philip Butler, Associate General
Counsel, [email protected], (202) 395-5804.
SUPPLEMENTARY INFORMATION:
A. 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 the
importing USMCA Party using the standard of review that would have been
applied by a domestic court of the importing USMCA 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 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 GATT Antidumping or Subsidies Codes, 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.
B. 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.
C. Criteria for Eligibility for Inclusion on Roster
The United States bases the selection of individuals for inclusion
on the Chapter 10 roster 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 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 the governments of any of the three
USMCA Parties. Annex 10-B.1 also provides that, to the fullest extent
practicable, the roster shall include judges and former judges.
USTR is committed to diversity, equity, inclusion, and
accessibility, and encourages all qualified individuals to apply.
D. 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
[[Page 58997]]
``[w]hile acting as a panelist, a panelist may not appear as counsel
before another panel.''
E. 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.
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.
F. Applications
USTR invites eligible individuals who wish to be included on the
Chapter 10 roster for the period April 1, 2022, through March 31, 2023,
to submit applications. In order to be assured of consideration, USTR
must receive your application by November 22, 2021. Submit applications
electronically to regs.gov, using docket number USTR-2021-0018. For
technical questions on submitting comments on regs.gov, please contact
the regs.gov help desk at 1-877-378-5457. If you need an alternative to
online submission, 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 regs.gov. To apply via regs.gov, enter docket number
USTR-2021-0018 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
regs.gov website, please consult the resources provided on the website
by clicking on `How to Use Regulations.gov' on the bottom of the page.
Regs.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 applications be provided in an attached document. If
a document is attached, 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.
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.
G. Current Roster Members and Prior Applicants
Current members of the Chapter 10 roster 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 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.
H. 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 regs.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 USMCA
Secretariat in the course of panel selection.
I. 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. 2021-23173 Filed 10-22-21; 8:45 am]
BILLING CODE 3390-F2-P
