[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.8]

[Page 306-307]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
   Subpart B--Procedures for Commencing Review of Final Determinations
 
Sec. 356.8  Continued suspension of liquidation.

    (a) In general. In the case of an administrative determination 
specified in clause (iii) or (vi) of section

[[Page 307]]

516A(a)(2)(B) of the Act (19 U.S.C. 1516a(a)(2)(B)(iii) and (vi)) and 
involving free trade area country merchandise, the Department shall not 
order liquidation of entries of merchandise covered by such a 
determination until the forty-first day after the date of publication of 
the notice described in clause (iii) or receipt of the determination 
described in clause (vi), as appropriate. If requested, the Department 
will order the continued suspension of liquidation of such entries in 
accordance with the terms of paragraphs (b), (c), and (d) of this 
section.
    (b) Eligibility to request continued suspension of liquidation. (1) 
A participant in a binational panel review that was a domestic party to 
the proceeding, as described in section 771(9)(C), (D), (E), (F), or (G) 
of the Act (19 U.S.C. 1677(9)(C), (D), (E), (F) and (G)), may request 
continued suspension of liquidation of entries of merchandise covered by 
the administrative determination under review by the panel and that 
would be affected by the panel review.
    (2) A participant in a binational panel review that was a party to 
the proceeding, as described in section 771(9)(A) of the Act (19 U.S.C. 
1677(9)(A)), may request continued suspension of liquidation of the 
merchandise which it manufactured, produced, exported, or imported and 
which is covered by the administrative determination under review by the 
panel.
    (c) Request for continued suspension of liquidation. A request for 
continued suspension of liquidation must include:
    (1) The name of the final determination subject to binational panel 
review and the case number assigned by the Department;
    (2) The caption of the binational panel proceeding;
    (3) The name of the requesting participant;
    (4) The requestor's status as a party to the proceeding and as a 
participant in the binational panel review; and
    (5) The specific entries to be suspended by name of manufacturer, 
producer, exporter, or U.S. importer.
    (d) Filing and service. (1) A request for Continued Suspension of 
Liquidation must be filed with the Assistant Secretary for Import 
Administration, room B-099, 14th and Constitution Avenue, NW., 
Washington, DC 20230, in accordance with the requirements set forth in 
19 CFR 353.31(d) and (e)(2) or 355.31(d) and (e)(2). A letter of 
transmittal must be bound to the original and each copy as the first 
page of the request. The envelope and the first page of the request must 
be marked: Panel Review--Request for Continued Suspension of 
Liquidation. The request may be made no earlier than the date on which 
the first request for binational panel review is filed.
    (2) The requesting party shall serve a copy of the Request for 
Continued Suspension of Liquidation on the United States Secretary and 
all parties to the proceeding in accordance with the requirements of 19 
CFR 353.31(g) or 19 CFR 355.31(g).
    (e) Termination of Continued Suspension. Upon completion of the 
panel review, including any panel review of remand determinations and 
any review by an extraordinary challenge committee, the Department will 
order liquidation of entries, the suspension of which was continued 
pursuant to this section.