[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Page 6016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2278]


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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 First Request for Panel Review.

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SUMMARY: On January 16, 2009, Evonik Degussa Corporation (formerly 
Degussa Corporation), filed a First Request for Panel Review with the 
Mexican Section of the NAFTA Secretariat pursuant to Article 1904 of 
the North American Free Trade Agreement. Panel Review was requested of 
the Final resolution of the Countervailing Duty Administrative Review, 
regarding the importation of Hydrogen Peroxide originating from the 
United States of America, classified in Tariff item 2847.00.01 of the 
Mexican Tariff Schedule. This determination was published in the Diario 
Oficial de la Federaci[oacute]n, on December 18, 2008. The NAFTA 
Secretariat has assigned Case Number MEX-USA-2009-1904-01 to this 
request.

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 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 first Request for Panel Review was filed with the Mexican Section 
of the NAFTA Secretariat, pursuant to Article 1904 of the Agreement, on 
January 16, 2009, 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 February 16, 
2009);
    (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 March 2, 
2009); 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: January 29, 2009.
Valerie Dees,
United States Secretary, NAFTA Secretariat.
[FR Doc. E9-2278 Filed 2-3-09; 8:45 am]
BILLING CODE 3510-GT-P