[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82375-82376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32881]
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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 requests for Panel Review.
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SUMMARY: On December 22, 2010, IUSA, S.A. de C.V. (``IUSA'') and
Nacional de Cobre, S.A. de C.V. (``Nacobre''), and their U.S.
affiliates Cambridge-Lee Industries LLC and Copper and Brass
International 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. Second and Third Requests for
Panel Review were filed by GD Affiliates S. de. R.L. de C.V., and its
U.S. affiliate GD Copper (U.S.A.), and the Government of Mexico,
respectively. Panel review was requested of the final determination by
the U.S. International Trade Commission that an industry in the United
States is threatened with material injury by reason of imports of
Seamless Refined Copper Pipe and Tube from China and Mexico. This
determination was published in the Federal Register (75 FR 71,146), on
November 22, 2010. The NAFTA Secretariat has assigned Case Number USA-
MEX-2010-1904-02 to these requests.
FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary,
NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW.,
Washington, DC 20230, (202) 482-5438.
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
[[Page 82376]]
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).
Three Requests for Panel Review were filed with the United States
Section of the NAFTA Secretariat, pursuant to Article 1904 of the
Agreement, on December 22, 2010, 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 January 21, 2011);
(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 February 7,
2011); 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: December 23, 2010.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2010-32881 Filed 12-29-10; 8:45 am]
BILLING CODE 3510-GT-P