[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Page 427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28581]


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

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.

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

SUMMARY: A Request for Panel Review was filed on behalf of the 
Government of Canada, the Governments of Alberta, British Columbia, New 
Brunswick, Ontario, Qu[eacute]bec; Alberta Softwood Lumber Trade 
Council, British Columbia Lumber Trade Council, Conseil de l'Industrie 
Forestiere du Qu[eacute]bec, Ontario Forest Industries Association; 
Canfor Corporation, Fontaine, Inc., J.D. Irving, Limited, Resolute FP 
Canada Inc., Tolko Marketing and Sales Ltd. and Tolko Industries Ltd., 
Gilbert Smith Forest Products, and West Fraser Mills Ltd. with the 
United States Section of the USMCA Secretariat on December 28, 2021, 
pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. 
International Trade Administration's Final Results of the 
Countervailing Duty Administrative Review (2019) in Certain Softwood 
Lumber from Canada, which was published in the Federal Register on 
December 2, 2021. The USMCA Secretariat has assigned case number USA-
CDA-2021-10.12-03 to this request.

FOR FURTHER INFORMATION CONTACT: Vidya Desai, Acting United States 
Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, 
Washington, DC 20230, 202-482-5438.

SUPPLEMENTARY INFORMATION: 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 https://can-mex-usa-sec.org/secretariat/agreement-accord-acuerdo/usmca-aceum-tmec/rules-regles-reglas/article-article-articulo_10_12.aspx?lang=eng.
    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 
January 27, 2022);
    (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 
February 11, 2022);
    (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: December 30, 2021.
Garrett Peterson,
International Trade Specialist, USMCA Secretariat.
[FR Doc. 2021-28581 Filed 1-4-22; 8:45 am]
BILLING CODE 3510-GT-P