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Notice

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

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Information about this document as published in the Federal Register.

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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce.

ACTION:

Notice of requests for Panel Review.

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.

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FOR FURTHER INFORMATION CONTACT:

Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 482-5438.

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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 Start Printed 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.

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Dated: December 23, 2010.

Valerie Dees,

United States Secretary, NAFTA Secretariat.

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[FR Doc. 2010-32881 Filed 12-29-10; 8:45 am]

BILLING CODE 3510-GT-P