United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review
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Issuing agencies
Abstract
Two Requests for Panel Review were filed in the matter of Tin Mill Products from Canada: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances with the U.S. Section of the USMCA Secretariat on February 8, 2024. The First Request for Panel Review was filed on behalf of The Government of Canada, and the second was filed on behalf of ArcelorMittal Dofasco G.P.
Full Text
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<title>Federal Register, Volume 89 Issue 39 (Tuesday, February 27, 2024)</title>
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[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Page 14432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03209]
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DEPARTMENT OF COMMERCE
International Trade Administration
United States-Mexico-Canada Agreement (USMCA), Article 10.12:
Binational Panel Review: Notice of Request for Panel Review
AGENCY: United States Section, USMCA Secretariat, International Trade
Administration, Department of Commerce.
ACTION: Notice of USMCA Request for Panel Review.
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SUMMARY: Two Requests for Panel Review were filed in the matter of Tin
Mill Products from Canada: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances with the U.S. Section of the USMCA Secretariat on
February 8, 2024. The First Request for Panel Review was filed on
behalf of The Government of Canada, and the second was filed on behalf
of ArcelorMittal Dofasco G.P.
FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary,
USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington,
DC 20230, 202-482-5438.
SUPPLEMENTARY INFORMATION: The final results were determined by the
United States Department of Commerce and were published in the Federal
Register on January 10, 2024 (89 FR 1542). The USMCA Secretariat has
assigned case number USA-CDA-2024-10.12-02 to this request.
Article 10.12 of Chapter 10 of USMCA provides a dispute settlement
mechanism involving trade remedy determinations issued by the
Government of the United States, the Government of Canada, and the
Government of Mexico. Following a Request for Panel Review, a
Binational Panel is composed to review the trade remedy determination
being challenged and issue a binding Panel Decision. There are
established USMCA Rules of Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by the three governments for panels
requested pursuant to Article 10.12(2) of USMCA which requires Requests
for Panel Review to be published in accordance with Rule 40. For the
complete Rules, please see <a href="https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng">https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng</a>.
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 44 no later than 30 days after the filing of the first
Request for Panel Review (the deadline for filing a Complaint is March
11, 2024);
(b) A Party, an investigating authority or other interested person
who does not file a Complaint but who intends to participate in the
panel review shall file a Notice of Appearance in accordance with Rule
45 no later than 45 days after the filing of the first Request for
Panel Review (the deadline for filing a Notice of Appearance is March
25, 2024);
(c) The panel review will be limited to the allegations of error of
fact or law, including challenges to the jurisdiction of the
investigating authority, that are set out in the Complaints filed in
the panel review and to the procedural and substantive defenses raised
in the panel review.
Dated: February 12, 2024.
Vidya Desai,
United States Secretary, USMCA Secretariat.
[FR Doc. 2024-03209 Filed 2-26-24; 8:45 am]
BILLING CODE 3510-GT-P
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