[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70235-70236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26584]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


North American Free-Trade Agreement, Article 1904 NAFTA Panel 
Reviews; Notice of Request for an Extraordinary Challenge Committee

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

ACTION: Notice of Request for an Extraordinary Challenge Committee to 
review the binational NAFTA Panel decisions of September 5, 2003; April 
19, 2004; and August 31, 2004 in the matter of Certain Softwood Lumber 
Products from Canada--Final Affirmative Threat of Material Injury 
Determination, Secretariat File No. USA/CDA-2002-1904-07.

-----------------------------------------------------------------------

SUMMARY: On November 24, 2004, the Office of the United States Trade 
Representative filed a Request for an Extraordinary Challenge Committee 
to review decisions as stated above with the United States Section of 
the NAFTA Secretariat pursuant to Article 1904 of the North American 
Free Trade Agreement. Committee review was requested of the final 
affirmative threat of material injury made by the International Trade 
Commission, respecting Certain Softwood Lumber Products From Canada. 
These determinations were published in the Federal Register. The NAFTA 
Secretariat has assigned Case Number ECC-2004-1904-01USA to this 
request.

FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States 
Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, 
Washington, DC 20230, (202) 482-5438.

SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade 
Agreement (``Agreement'') establishes 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 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).
    A Request for an Extraordinary Challenge Committee was filed with 
the United States Section of the NAFTA Secretariat, pursuant to Article 
1904 of the Agreement, on November 24, 2004, requesting panel review of 
the final affirmative threat of material injury as described above.
    The Rules provide that:
    (a) A Party or participant in the panel review who proposes to 
participate in the extraordinary challenge proceeding shall file with 
the responsible Secretariat a Notice of Appearance within 10 days after 
the filing of the first Request for Extraordinary Challenge Committee 
(the deadline for filing a Notice of Appearance is December 6, 2004); 
and
    (b) All briefs shall be filed within 21 days after the Request for 
Extraordinary Challenge Committee (the deadline for filing briefs is 
December 15, 2004);


[[Page 70236]]


    Dated: November 29, 2004.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. 04-26584 Filed 12-2-04; 8:45 am]
BILLING CODE 3510-GT-P