United States-Canada Free Trade Agreement: Amendments to Rules of Procedure for Article 1904 Binational Panel Reviews; Notice DEPARTMENT OF COMMERCE

Federal RegisterFeb 8, 1994

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SUMMARY: Canada and the United States have amended the rules of

procedure for Article 1904 binational panel reviews. These amendments

are intended to improve the panel review process under Chapter Nineteen

of the United States-Canada Free Trade Agreement in order to increase

its efficiency and effectiveness.

EFFECTIVE DATE: February 8, 1994. The Rules of Procedure, herewithin,

apply to all panel proceedings under the United States-Canada Free

Trade Agreement (``Agreement'') commenced on or after, or pending on,

the effective date, except that these Rules of Procedure shall not

apply to the extent that in the opinion of the panel their application

in a particular panel proceeding pending on the effective date would be

impracticable or would be prejudicial to a participant, in which event

the panel may apply the former procedure or such other procedure not

inconsistent with the Agreement.

Specifically, these Rules of Procedure govern panel review of any

final determination published or, in the case of a determination that

is not published, for which notice is received prior to January 1,

1994, the date of entry into force of the North American Free Trade

Agreement (``NAFTA''). In the event that either Canada or the United

States withdraws from the NAFTA, the Agreement would revive between

them and these Rules of Procedure again would apply.

FOR FURTHER INFORMATION CONTACT: Lisa B. Koteen, Senior Attorney, Stacy

J. Ettinger, Attorney-Advisor, or Terrence J. McCartin, Attorney-

Advisor, Office of the Chief Counsel for Import Administration, room B-

099, U.S. Department of Commerce, 14th and Constitution Avenue, NW.,

Washington, DC 20230; telephone: (202) 482-0836, (202) 482-4618, and

(202) 482-5031, respectively. For procedural matters involving cases

under panel review, contact James R. Holbein, United States Secretary,

Binational Secretariat, room 2061, U.S. Department of Commerce, 14th

and Constitution Avenue, NW., Washington, DC 20230; telephone: (202)

482-5438.

SUPPLEMENTARY INFORMATION:

Background

Chapter Nineteen of the United States-Canada Free Trade Agreement

(``Agreement'') establishes a mechanism for replacing judicial review

of final antidumping and countervailing duty determinations involving

imports from Canada or the United States with review by independent

binational panels. If requested, these panels will expeditiously review

final determinations to determine whether they are consistent with the

antidumping or countervailing duty law of the importing country. Title

IV of the United States-Canada Free Trade Agreement Implementation

Agreement Act of 1988, Public Law No. 100-449, 102 Stat. 1851 (1988)

amends United States law to implement Chapter Nineteen of the

Agreement.

The Article 1904 Panel Rules are intended to give effect to the

panel review provisions of Chapter Nineteen of the Agreement by setting

forth the procedures for commencing, conducting and completing panel

reviews. Originally published on December 30, 1988 (53 FR 53212), the

rules became effective on January 1, 1989, the date the Agreement

entered into force. As a result of negotiations between the United

States and Canada and, taking into account comments received from

panelists and counsel for participants in panel reviews, the rules have

been amended twice (54 FR 53165, Dec. 27, 1989; and 57 FR 26698, June

15, 1992). The further amendments to the Article 1904 Panel Rules

contained in this notice are the result of negotiations between the

United States and Canada prompted by the desire to modify certain

procedures in the Article 1904 Panel Rules. Consequently, these

amendments improve the panel review process.

A summary of the amendments to the Article 1904 Panel Rules is

contained in the following section-by-section analysis. Amendments

involving typographical errors, corrected cross-referencing, minor

ministerial corrections, and any other changes not explained below, are

considered drafting clarifications and have no substantive

significance.

Preamble

The Preamble has been amended to incorporate the amendments

contained herein into the legislative history of the Article 1904 Panel

Rules.

Rule 1A

Rule 1A has been added in view of the entry into force of the North

American Free Trade Agreement (``NAFTA'') and in light of the

possibility that a Party may withdraw from NAFTA. The Article 1904

Panel Rules govern panel review of any final determination published

or, in the case of a determination that is not published, for which

notice is received, prior to the entry into force of the NAFTA. If

either Canada or the United States were to withdraw from the NAFTA, the

Agreement would revive between them and these rules again would apply.

Rule 2

Rule 2 has been amended by deleting the provision that the Article

1904 Panel Rules shall not be construed to extend or limit the

jurisdiction of the panels. This provision is inconsistent with rule 7.

As amended, the final sentence of rule 2 clarifies that the Agreement

prevails where there is an inconsistency or ambiguity between the

Article 1904 Panel Rules and the Agreement.

Rule 2A

Rule 2A has been added to provide that these amendments to the

rules shall not apply to any panel proceeding pending on January 1,

1994 where, in the opinion of the panel, their application would be

impracticable or would be prejudicial to a participant.

Rule 3

The definition of ``Disclosure Undertaking'' has been added to

eliminate the need to refer to the form of the undertaking in the body

of the Article 1904 Panel Rules or in an attached schedule.

The definition of ``investigating authority'' has been amended to

include a delegation of power by the competent investigating authority

in matters regarding the issuance, amendment, modification and

revocation of Disclosure Orders and Protective Orders.

The definition of ``Protective Order Application'' has been added

to eliminate the need to refer to the form of the application in the

body of the Article 1904 Panel Rules or in an attached schedule.

The definition of ``service address'' has been rephrased to clarify

that an address, rather than a facsimile number, is the principal

service address.

The definition of ``service list'' with respect to a panel review

where the final determination was made in Canada has been amended to

clarify that the panel review process is restricted to goods of the

United States.

Rule 15

Subrule 15(a) has been amended to ensure that a document containing

proprietary or privileged information filed with the responsible

Secretariat is treated in accordance with the terms of an applicable

Disclosure Order or Protective Order.

Rule 22

In subrule 22(1), the cross-reference to rule 52 has been deleted

because a person now must file with the responsible Secretariat one

original and eight copies of a Disclosure Order or Protective Order, or

any amendment or modification thereto, or notice of revocation thereof.

The cross-reference to subrule 75(2)(a) was added because only one copy

of a supplementary remand record must be filed.

Rule 23

Rule 23 has been amended to clarify the responsibilities of the

responsible Secretary for the service of documents. Under subrule (a),

the responsible Secretary is no longer required to serve Complaints

other than on the Parties. Now, a complainant is required under subrule

24(5) to serve a Complaint on the investigating authority and on all

persons on the service list.

Subrule 23(c) has been amended so that the responsible Secretary

serves Notices of Appearance only on the participants.

Subrule 23(d) has been amended to require that the responsible

Secretary serve participants only with those Disclosure Orders and

Protective Orders, any amendments or modifications thereto, and notices

of revocation thereof granted to panelists, court reporters or

translators. Now, subrule 24(1) provides that participants must serve

their own Disclosure Orders and Protective Orders, any amendments or

modifications thereto, and notices of revocation thereof. Subrule 23(d)

also has been amended to require that the responsible Secretary serve

participants with Notices of Final Panel Action.

Rule 24

Subrule 24(1) has been amended to add supplementary remand records

to the list of documents exempt from the service requirements of

subrule (1). Subrule (5) has been added to provide that a complainant,

and not the responsible Secretary, is required to serve a Complaint on

the investigating authority and on all persons listed on the service

list.

Rule 33

Subrule 33(1)(a) has been amended to conform with the statutory

requirement that a party provide timely notice of its intent to

commence judicial review in cases involving Canadian merchandise. 19

U.S.C. 1516a(g)(3)(B). An interested person who intends to commence

judicial review of a final determination made in the United States must

serve a Notice of Intent to Commence Judicial Review on both

Secretaries, the investigating authority, and all persons listed on the

service list within 20 days of the date the final determination was

published in the Federal Register, or within 20 days of the date on

which notice of the final determination was received by the other Party

if the final determination was not published in the Federal Register.

Rule 35

Subrule 35(1)(c)(ii) has been amended to clarify that any person

who does not file a Complaint but intends to participate in the panel

review must file a Notice of Appearance.

Rule 36

Rule 36, which provided for joint panel review of final

determinations of dumping or subsidization with final determinations of

affirmative injury, has been removed because the procedure had never

been applied successfully in any panel review.

Rule 37

Rule 37 requires joint panel review where a final affirmative

antidumping or countervailing duty determination for a particular good

and a final negative injury determination for that same good are both

subject to a request for panel review.

Rule 38

Rule 38, which provides for the applicable periods in joint panel

reviews, has been amended to account for the removal of rule 36, to

clarify the event triggering the time period fixed for joint panel

review pursuant to rule 37 and to provide, on motion, for the

possibility of alternative time periods for final antidumping or

countervailing duty determinations subject to joint panel review.

Subrule 38(1) provides that in a joint panel review pursuant to

rule 37, the time period fixed for review of the final negative injury

determination applies to both panel reviews. This subrule has been

amended to specify that the time period fixed for a joint panel review

commences with the date fixed for filing briefs under rule 60.

Subrule 38(2) now incorporates the substance of former subrule

38(3) and provides that in a joint panel review, the decision on the

final negative injury determination will be issued first, unless the

panel orders a different timetable. Subrule 38(2) also provides that

where there is a Determination on Remand and where that Determination

on Remand is affirmative, the panel will then issue its decision on the

final antidumping or countervailing duty determination.

Subrule 38(3) has been added to allow participants to bring a

motion requesting that alternate time periods be fixed for review of

the final antidumping or countervailing duty determination. Subrule

38(4) has been added to specify the time period fixed for filing such a

motion. Subrule 38(5) has been added to provide that where a panel has

not issued a ruling on such a motion within 30 days or has not

otherwise ordered, the motion is deemed denied and the timing set out

in subrules 38(1) and (2) applies.

Rule 39

Subrule 39(1) has been amended to require that, in addition to

filing the Complaint with the responsible Secretary, the complainant is

now required serve the Complaint on the investigating authority and on

all persons listed on the service list.

Subrule (4) has been amended to indicate that the time period for

filing an amended Complaint is mandatory.

The substance of subrule (5) has been split into subrules (5) and

(6) for greater clarity. Subrule (5) addresses the period within which

an amended Complaint may be filed out of time. Subrule (6) sets out the

procedure for seeking leave to file an amended Complaint.

Rule 40

Subrule 40(1)(c) has been amended to clarify the reasons for which

a Notice of Appearance may be filed. Subrule (2) has been amended to

reflect the amendments made consequentially to subrule (1)(c).

Rule 41

Rule 41 has been amended to streamline the procedures for filing

and service of the record for review. Subrule (1) has been amended to

remove the requirement that a Designation of Record be filed and to

extend the time period for filing an Index to 15 days after the

deadline for filing Notices of Appearance. Consequently, the

investigating authority is now required to file the following documents

with the responsible Secretariat within 15 days after the expiration of

the time period fixed for filing a Notice of Appearance: nine copies of

the final determination, two copies of an Index, and two copies of the

administrative record. As well, the investigating authority is now

required to serve a copy of the Index on all participants.

New subrule (4) addresses the filing of privileged information and

has been amended to provide that the investigating authority may waive

its privilege and voluntarily file privileged information in a panel

review.

Rule 43

Rule 43 has been amended consequentially to the amendments to rule

41. Rule 43, which addressed the filing of a portion of the

administrative record, has been removed because rule 41 now requires

that two complete copies of the record are to be filed with the

responsible Secretary.

Rule 45

Rule 45 has been amended to clarify that assistants to panelists

are covered by the Code of Conduct and to specify that a participant is

required to notify the responsible Secretary, not the Parties, of an

alleged violation of the Code of Conduct by a panelist or an assistant.

The responsible Secretary is now required to notify the other Secretary

and the Parties of the allegations. This reflects procedures developed

by the governments for appropriate handling of such allegations.

Rule 48

Subrule 48(b) has been amended to limit filings of Disclosure

Undertakings and Protective Order Applications with the Secretary to

one original and any additional copies that the investigating authority

requires. Because the definitions of Disclosure Undertaking and

Protective Order Application have been revised to indicate that the

forms are available from the investigating authority, there is no

longer a need for Schedules A or B.

Rule 51

Subrule 51(2) has been amended to clarify that the panel may

consider not only whether the terms of a Disclosure Order or Protective

Order should be modified, but also whether they should be amended.

Subrule 51(3) has been amended to clarify the powers of a panel

where a final determination is made in the United States and the

competent investigating authority fails to comply with a panel

notification to issue or modify a Disclosure Order or Protective Order.

If the panel disagrees with the investigating authority's handling of a

Disclosure Undertaking or Protective Order Application, the only

sanction it can take is against the investigating authority. The

sanction cannot be detrimental to the interests of the other

participants in the panel review.

Rule 52

Subrule 52(2) has been amended to provide that where a Disclosure

Order or Protective Order is amended, modified or revoked, the

competent investigating authority shall provide the responsible

Secretariat with a copy of the amendment, modification or Notice of

Revocation.

Rule 53

Rule 53 has been removed because it was redundant and did not

accurately reflect current practice.

Rule 55

Subrules 55(3) and 55(5) have been amended to ensure that, where

the competent investigating authority files with the responsible

Secretary a document under seal, the two panelists delegated to examine

the document have an obligation to do so.

Rule 56

Subrule 56(a) has been amended to make clear that members of the

Secretariat staff and others are eligible to receive access to

documents disclosed pursuant to rule 55 and to provide that members of

any future Extraordinary Challenge Committee and their assistants may

have access to these documents, if necessary.

The substance of subrule (b) has been removed to subrule (c). New

subrule (b) has been added to specify the procedure by which a panel

identifies who is entitled to access to a document containing

privileged information.

Rule 59

Subrules 59 (1)(b) and (2)(b) have been amended to allow the filing

of pleadings containing non-proprietary and non-privileged information

no later than one day after the filing of pleadings containing the

proprietary or privileged information.

The cross-referencing in subrule 60(1) has been revised to account

for the merging of time lines in joint panel reviews under subrule

38(1).

Rule 62

Subrule 62(1) has been restructured to distinguish between a table

of contents and a table of authorities.

Rule 62A

Subrule 62A(1) has been amended to clarify the contents and

organization of materials contained in an appendix. It now provides,

among other things, that the appendix should include copies of all

treaty and statutory references as well as copies of those cases

primarily relied on in the briefs.

Rule 64

Rule 64 has been amended to add a cross-reference to subrule 77(5),

which provides for no right of response to a motion for re-examination

of a panel order or decision.

Rule 65

Rule 65 incorporates the substance of old rule 66.

Rule 66

New rule 66 incorporates the substance of old rule 65 and has been

amended to provide that a panel may hear oral argument in person as

well as by telephone conference call.

Rule 69

Subrule 69(4) has been added to clarify that oral argument shall be

conducted by counsel of record or, where a participant is an individual

who has not retained counsel, by the participant.

Rule 75

Subrule 75(4) has been amended by adding the phrase ``after the

later of'' to clarify the time period for the issuance of an order by

the panel. In addition, subrule 75(4) has been amended to delete the

cross-reference to rule 74 because rule 74 requires that a panel

decision include reasons, which an order affirming uncontested remand

results does not require.

Rule 77

Subrules 77 (5), (6) and (7) have been added as a result of the

addition of rule 79A, which provides for the issuance of a Notice of

Final Panel Action. Under former subrule 77(5), issuance of a Notice of

Completion could effectively deny a motion under subrule 77(1). Because

rule 79A could have the effect of denying a motion under subrule 77(1),

new subrule 77(5) has been added to clarify that there is no right of

response to a motion for re-examination of a panel order or decision

except at the discretion of the panel.

Subrule 77(6) has been added to specify the procedure a panel shall

follow on a motion for re-examination of a decision, including a seven-

day deadline to conform with the new scheme set forth in rule 79A.

To prevent a situation in which fewer than all five panelists are

available, subrule 77(7) has been added to provide that the concurrence

of only three panelists is required to issue a decision or order on a

motion for re-examination.

Rule 79A

Rule 79A provides for the issuance of a Notice of Final Panel

Action. This rule has been added because the panel rules did not

clearly set out when the time period begins to run for filing a Request

for an Extraordinary Challenge Committee. Now, issuance of a rule 79A

Notice will begin the time period for filing such a Request. Subrule

79A(1) provides that when a panel issues what it considers to be its

last order or decision, the panel shall direct the responsible

Secretary to issue a Notice of Final Panel Action on the eleventh day

thereafter. Issuance of this Notice on the eleventh day is provided for

because under subrule 77(1) participants may file a motion for re-

examination of the panel's last decision within 10 days after a panel

issues its decision. Subrule 79A(2) provides for the issuance of a

Notice of Final Panel Action in cases where a motion for re-examination

is filed pursuant to subrule 77(1).

Rule 80

Rule 80, which provides for the publication of a Notice of

Completion of Panel Review, has been amended as a result of the

addition of rule 79A. Subrule 80(a) provides that a Notice of

Completion of Panel Review is effective on the day on which a panel

review is terminated by consent of all participants. Subrule (a) takes

into account the fact that where all participants consent to

termination of panel review, there is no reason to request the

establishment of an Extraordinary Challenge Committee. Subrule (b)

provides that in any other case, a Notice of Completion of Panel Review

is effective on the 31st day following the date on which the

responsible Secretary issues a Notice of Final Panel Action.

Rules of Procedure for Article 1904 Binational Panel Reviews, United

States-Canada Free Trade Agreement

Contents

Preamble

Rule

1. Short Title

1A. Application

2. Statement of General Intent

3. Interpretation

Part I--General

6. Duration and Scope of Panel Review

8. Responsibilities of the Secretary

17. Internal Functioning of Panels

19. Computation of Time

21. Counsel of Record

22. Filing, Service and Communications

28. Pleadings and Simultaneous Translation of Panel Reviews in

Canada

32. Costs

Part II--Commencement of Panel Review

33. Notice of Intent to Commence Judicial Review

34. Request for Panel Review

37. Joint Panel Reviews

39. Complaint

40. Notice of Appearance

41. Record for Review

Part III--Panels

44. Announcement of Panel

45. Violation of Code of Conduct

Part IV--Proprietary Information and Privileged Information

46. Filing or Service under Seal

48. Disclosure Orders and Protective Orders

55. Privileged Information

57. Violations of Disclosure Undertakings and Protective Orders

Part V--Written Proceedings

58. Form and Content of Pleadings

60. Filing of Briefs

61. Failure to File Briefs

62. Content of Briefs and Appendices

62A. Appendix to the Briefs

63. Motions

Part VI--Oral Proceedings

67. Location

68. Pre-hearing Conference

69. Oral Argument

70. Subsequent Authorities

71. Oral Proceedings in Camera

Part VII--Decisions and Completion of Panel Reviews

72. Orders, Decisions and Terminations

75. Panel Review of Action on Remand

76. Re-examination of Orders and Decisions

78. Delay in Delivery of Decisions

Part VIII--Completion of Panel Review

Schedule--Procedural Forms

Preamble

The Parties,

Having regard to Chapter Nineteen of the Free Trade Agreement

between Canada and the United States of America;

Acting pursuant to Article 1904.14 of the Agreement;

Adopted Rules of Procedure governing all panel reviews conducted

pursuant to Article 1904 of the Agreement;

Adopt the following amended Rules of Procedure, effective on the

date of publication in the Federal Register, which from that day shall

govern all panel reviews conducted pursuant to Article 1904 of the

Agreement.

Short Title

1. These rules may be cited as the Article 1904 Panel Rules.

Application

1A. These rules apply to a panel review of a final determination,

unless any rules of procedure made pursuant to Article 1904 of the

North American Free Trade Agreement are in force and apply to a panel

review of a final determination.

Statement of General Intent

2. These rules are intended to give effect to the provisions of

Chapter Nineteen of the Agreement with respect to panel reviews

conducted pursuant to Article 1904 of the Agreement and are designed to

result in decisions of panels within 315 days after the commencement of

the panel review. The purpose of these rules is to secure the just,

speedy and inexpensive review of final determinations in accordance

with the objectives and provisions of Article 1904. Where a procedural

question arises that is not covered by these rules, a panel may adopt

the procedure to be followed in the particular case before it by

analogy to these rules or may refer for guidance to rules of procedure

of a court that would otherwise have had jurisdiction in the importing

country. In the event of any ambiguity or inconsistency between the

provisions of these rules and the Agreement, the Agreement shall

prevail.

2A. Where, in respect of a panel proceeding for which a request for

panel review was made before January 1, 1994, the application of these

rules would, in the opinion of the panel, be impracticable or would be

prejudicial to a participant, the panel may:

(a) Apply one or more of the rules of procedure for Article 1904

panel proceedings that were in effect at the time the request for panel

review was made; or

(b) Make such order, not inconsistent with the Agreement, as in the

panel's opinion is in the circumstances required.

Interpretation

3. In these rules,

``Agreement'' means the Free Trade Agreement between Canada and the

United States of America, signed on January 2, 1988;

``Code of Conduct'' means the code of conduct established by the

Parties pursuant to Article 1910 of the Agreement;

``Complainant'' means a Party or interested person who files a

Complaint pursuant to rule 39;

``Counsel'' means:

(a) With respect to a panel review of a final determination made in

the United States, a person entitled to appear as counsel before a

federal court in the United States, and

(b) With respect to a panel review of a final determination made in

Canada, a person entitled to appear as counsel before the Federal Court

of Canada;

``Counsel of record'' means a counsel referred to in subrule 21(1);

``Deputy Minister'' means the Deputy Minister of National Revenue

for Customs and Excise, or the successor thereto, and includes any

person authorized to perform a power, duty or function of the Deputy

Minister under the Special Import Measures Act, as amended;

``Disclosure Undertaking'' means an undertaking in the prescribed

form, which form

(a) In respect of a review of a final determination by the Deputy

Minister, is available from the Deputy Minister, and

(b) In respect of a review of a final determination by the

Tribunal, is available from the Tribunal;

``Final determination'' means, in the case of Canada, a definitive

decision within the meaning of subsection 77.1(1) of the Special Import

Measures Act, as amended;

``First Request for Panel Review'' means

(a) Where only one Request for Panel Review is filed for review of

a final determination, that Request, and

(b) Where more than one Request for Panel Review is filed for

review of the same final determination, the Request that is filed

first;

``Government information'' means:

(a) With respect to a panel review of a final determination made in

the United States, information classified in accordance with Executive

Order No. 12065 or its successor, and

(b) With respect to a panel review of a final determination made in

Canada, information

(i) The disclosure of which would be injurious to international

relations or national defence or security,

(ii) That constitutes a confidence of the Queen's Privy Council for

Canada, or

(iii) Contained in government-to-government correspondence that is

transmitted in confidence;

``Interested person'' means a person who, pursuant to the laws of

the country in which a final determination was made, would be entitled

to appear and be represented in a judicial review of the final

determination;

``Investigating authority'' means the competent investigating

authority that issued the final determination subject to review and

includes, in respect of the issuance, amendment, modification or

revocation of a Disclosure Order or Protective Order, any person

authorized by the investigating authority;

``Legal holiday'' means

(a) With respect to the United States Section of the Secretariat,

every Saturday and Sunday, New Year's Day (January 1), Martin Luther

King's Birthday (third Monday in January), Presidents' Day (third

Monday in February), Memorial Day (last Monday in May), Independence

Day (July 4), Labor Day (first Monday in September), Columbus Day

(second Monday in October), Veterans' Day (November 11), Thanksgiving

Day (fourth Thursday in November), Christmas Day (December 25), any day

designated as a holiday by the President or the Congress of the United

States and any day on which the offices of the Government of the United

States located in the District of Columbia are officially closed in

whole or in part, and

(b) With respect to the Canadian Section of the Secretariat, every

Saturday and Sunday, New Year's Day (January 1), Good Friday, Easter

Monday, Victoria Day, Canada Day (July 1), Labour Day (first Monday in

September), Thanksgiving Day (second Monday in October), Remembrance

Day (November 11), Christmas Day (December 25), Boxing Day (December

26), any other day fixed as a statutory holiday by the Government of

Canada or by the province in which the Section is located and any day

on which the offices of the Canadian Section of the Secretariat are

officially closed in whole or in part;

``Panel'' means a binational panel established pursuant to Annex

1901.2 to Chapter Nineteen of the Agreement for the purpose of

reviewing a final determination;

``Participant'' means any of the following persons who files a

Complaint pursuant to rule 39 or a Notice of Appearance pursuant to

rule 40:

(a) A Party,

(b) An investigating authority, and

``Party'' means the Government of Canada or the Government of the

United States;

``Person'' means:

(a) An individual,

(b) A Party,

(d) A government of a province, state or other political

subdivision of the country of a Party,

(e) A department, agency or body of a Party or of a government

referred to in paragraph (d), or

(f) A partnership, corporation or association;

``Pleading'' means a Request for Panel Review, a Complaint, a

Notice of Appearance, a Change of Service Address, a Designation of

Record, a Notice of Motion, a Notice of Change of Counsel of Record, a

brief or any other written submission filed by a participant;

``Privileged information'' means:

(a) With respect to a panel review of a final determination made in

the United States, information of the investigating authority that is

subject to the attorney-client, attorney work product or government

deliberative process privilege under the laws of the United States with

respect to which the privilege has not been waived, and

(b) With respect to a panel review of a final determination made in

Canada, information of the investigating authority that is subject to

solicitor-client privilege under the laws of Canada, or that

constitutes part of the deliberative process with respect to the final

determination, and with respect to which the privilege has not been

waived;

``Proof of service'' means:

(a) With respect to a panel review of a final determination made in

the United States, a certificate of service in the form of a statement

of the date and manner of service and of the name of the person served,

signed by the person who made service, and

(b) With respect to a panel review of a final determination made in

Canada,

(i) An affidavit of service stating by whom the document was

served, the day of the week and date on which it was served, where it

was served and the manner of service, or

(ii) An acknowledgement of service by counsel for a participant

stating by whom the document was served, the day of the week and date

on which it was served and the manner of service and, where the

acknowledgement is signed by a person other than the counsel, the name

of that person followed by a statement that the person is signing as

agent for the counsel;

``Proprietary information'' means:

(a) With respect to a panel review of a final determination made in

the United States, business proprietary information under the laws of

the United States, and

(b) With respect to a panel review of a final determination made in

Canada, information that was accepted by the Deputy Minister or the

Tribunal as confidential in the proceedings before the Deputy Minister

or the Tribunal and with respect to which the person who designated or

submitted the information has not withdrawn the person's claim as to

the confidentiality of the information;

``Protective Order Application'' means an application,

(a) In respect of a review of a final determination by the

International Trade Administration of the United States Department of

Commerce, in a form prescribed by, and available from, the

International Trade Administration of the United States Department of

Commerce; and

(b) In respect of a review of a final determination by the United

States International Trade Commission, in a form prescribed by, and

available from, the United States International Trade Commission;

``Responsible Secretariat'' means the section of the Secretariat

located in the country in which the final determination under review

was made;

``Responsible Secretary'' means the Secretary of the responsible

Secretariat;

``Secretariat'' means the Secretariat established pursuant to

Article 1909 of the Agreement;

``Secretary'' means the Secretary of the United States Section or

the Secretary of the Canadian Section of the Secretariat and includes

any person authorized to act on behalf of the Secretary;

``Service address'' means:

(a) With respect to a Party, the address filed with the Secretariat

as the service address of the Party, including any facsimile number

submitted with that address,

(b) With respect to a person other than a Party, the address of the

counsel of record for the person, including any facsimile number

submitted with that address or, where the person is not represented by

counsel, the address set out by the person in a Request for Panel

Review, Complaint or Notice of Appearance as the address at which the

person may be served, including any facsimile number submitted with

that address, or

the person, the new address set out as the service address in that

form, including any facsimile number submitted with that address;

``Service list'' means, with respect to a panel review,

(a) Where the final determination was made in the United States,

the list maintained by the investigating authority of persons who have

been served in the proceedings leading to the final determination, and

(b) Where the final determination was made in Canada, a list

comprising the government of the United States and

(i) In the case of a final determination made by the Deputy

Minister, persons named on the list maintained by the Deputy Minister

who participated in the proceedings before the Deputy Minister and who

were exporters of goods of the United States, importers of goods of the

United States or complainants referred to in section 34 of the Special

Import Measures Act, as amended; and

(ii) In the case of a final determination made by the Tribunal,

persons named on the list maintained by the Tribunal of parties in the

proceedings before the Tribunal who were exporters of goods of the

United States, importers of goods of the United States, complainants

referred to in section 31 of the Special Import Measures Act, as

amended, or other domestic parties whose interest in the findings of

the Tribunal is with respect to goods of the United States;

``Tribunal'' means the Canadian International Trade Tribunal or its

successor and includes any person authorized to act on its behalf.

4. The definitions set forth in Article 1911 of the Agreement are

hereby incorporated into these rules.

5. Where these rules require that notice be given, it shall be

given in writing.

Part I--General

Duration and Scope of Panel Review

6. A panel review commences on the day on which a first Request for

Panel Review is filed with the Secretariat and terminates on the day on

which a Notice of Completion of Panel Review is effective.

7. A panel review shall be limited to

(a) 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

(b) Procedural and substantive defenses raised in the panel review.

Responsibilities of the Secretary

8. The normal business hours of the Secretariat, during which the

offices of the Secretariat shall be open to the public, shall be from 9

a.m. to 5 p.m. on each weekday other than

(a) In the case of the United States Section of the Secretariat,

legal holidays of that Section; and

(b) In the case of the Canadian Section of the Secretariat, legal

holidays of that Section.

9. The responsible Secretary shall provide administrative support

for each panel review and shall make the arrangements necessary for the

oral proceedings and meetings of each panel.

10. (1) Each Secretary shall maintain a file for each panel review.

Subject to subrules (3) and (4), the file shall be comprised of either

the original or a copy of all documents filed, whether or not filed in

accordance with these rules, in the panel review.

(2) The file number assigned to a first Request for Panel Review

shall be the Secretariat file number for all documents filed or issued

in that panel review. All documents filed shall be stamped by the

Secretariat to show the date and time of receipt.

(3) Where, after notification of the selection of a panel pursuant

to rule 44, a document is filed that is not provided for in these rules

or that is not in accordance with the rules, the responsible Secretary

may refer the unauthorized filing to the chairperson of the Panel for

instructions, provided such authority has been delegated by the Panel

to its chairperson pursuant to rule 17.

(4) On a referral referred to in subrule (3), the chairperson may

instruct the Secretary to

(a) Retain the document in the file, without prejudice to a motion

to strike such document; or

(b) return the document to the person who filed the document,

without prejudice to a motion for leave to file the document.

11. The responsible Secretary shall forward to the other Secretary

a copy of all documents filed in the office of the responsible

Secretary in a panel review and of all orders and decisions issued by

the panel.

12. Where under these rules a responsible Secretary is required to

cause a notice or other document to be published in the Canada Gazette

and the Federal Register, the responsible Secretary and the other

Secretary shall each cause the document to be published in the

publication of the country in which that section of the Secretariat is

located.

13. (1) Each Secretary and every member of the staff of the

Secretariat shall, before taking up duties, file

(a) a Disclosure Undertaking with the Deputy Minister and the

Tribunal; and

(b) a Protective Order Application with the International Trade

Administration of the United States Department of Commerce and the

United States International Trade Commission.

(2) Where a Secretary or a member of the staff of the Secretariat

files a Disclosure Undertaking or Protective Order Application in

accordance with subrule (1), the appropriate investigating authority

shall issue to the Secretary or to the member a Disclosure Order or a

Protective Order.

14. (1) The responsible Secretary shall file with the investigating

authority one original and any additional copies that the investigating

authority requires of any Disclosure Undertaking or Protective Order

Application, and any amendments or modifications thereto, filed by a

panelist, assistant to a panelist, court reporter or translator

pursuant to rule 49.

(2) The responsible Secretary shall ensure that every panelist,

assistant to a panelist, court reporter and translator, before taking

up duties in a panel review, files with the responsible Secretariat

(a) in the case of a panelist, a copy of a Disclosure Order or

Protective Order, signed by the panelist; and

(b) in any other case, a copy of a Disclosure Order or Protective

Order.

(3) The responsible Secretary shall ensure that every panelist,

assistant to a panelist, court reporter and translator files with the

responsible Secretariat any amendment or modification to, or revocation

of, a Disclosure Order or Protective Order issued by the investigating

authority.

15. Where a document containing proprietary information or

privileged information is filed with the responsible Secretariat, each

Secretary shall ensure that

(a) the document is stored, maintained, handled, and distributed in

accordance with the terms of an applicable Disclosure Order or

Protective Order;

(b) the wrapper of the document is clearly marked to indicate that

it contains proprietary information or privileged information; and

for, the investigating authority whose final determination is under

review and

(i) in the case of proprietary information, the person who

submitted the proprietary information to the investigating authority or

counsel for that person and any persons who have been granted access to

the information under a Disclosure Order or Protective Order with

respect to the document, and

(ii) in the case of privileged information filed in a panel review

of a final determination made in the United States, persons with

respect to whom the panel has ordered disclosure of the privileged

information under rule 55, if the persons have filed with the

responsible Secretariat a Protective Order with respect to the

document.

16. (1) Each Secretary shall permit access by any person to the

information in the file in a panel review that is not proprietary

information or privileged information and shall provide copies of that

information on request and payment of an appropriate fee.

(2) Each Secretary shall, in accordance with subrule 15(c) and the

terms of the applicable Disclosure Order, Protective Order or order of

the panel,

(a) permit access to proprietary information or privileged

information in the file of a panel review; and

(b) on payment of an appropriate fee, provide a copy of the

information referred to in subrule (a).

(3) No document filed in a panel review shall be removed from the

offices of the Secretariat except in the ordinary course of the

business of the Secretariat or pursuant to the direction of a panel.

Internal Functioning of Panels

17. (1) A panel may adopt its own internal procedures, not

inconsistent with these rules, for routine administrative matters.

(2) A panel may delegate to its chairperson

(a) the authority to accept or reject filings in accordance with

subrule 10(4); and

(b) the authority to grant motions consented to by all

participants, other than a motion filed pursuant to rule 20 or 55, a

motion for remand of a final determination or a motion that is

inconsistent with an order or decision previously made by the panel.

(3) A decision of the chairperson referred to in subrule (2) shall

be issued as an order of the panel.

(4) Subject to subrule 26(b), meetings of a panel may be conducted

by means of a telephone conference call.

18. Only panelists may take part in the deliberations of a panel,

which shall take place in private and remain secret. Staff of the

Secretariat and assistants to panelists may be present by permission of

the panel.

Computation of Time

19. (1) In computing any time period fixed in these rules or by an

order or decision of a panel, the day from which the time period begins

to run shall be excluded and, subject to subrule (2), the last day of

the time period shall be included.

(2) Where the last day of a time period computed in accordance with

subrule (1) falls on a legal holiday of the responsible Secretariat,

that day and any other legal holidays of the responsible Secretariat

immediately following that day shall be excluded from the computation.

20. (1) A panel may extend any time period fixed in these rules if

(a) adherence to the time period would result in unfairness or

prejudice to a participant or the breach of a general legal principle

of the country in which the final determination was made;

(b) the time period is extended only to the extent necessary to

avoid the unfairness, prejudice or breach;

of the five panelists; and

(d) in fixing the extension, the panel takes into account the

intent of the rules to secure just, speedy and inexpensive reviews of

final determinations.

(2) A participant may request an extension of time by filing a

Notice of Motion not later than the tenth day prior to the last day of

the time period. Any response to the Notice of Motion shall be filed

not later than seven days after the Notice of Motion is filed.

(3) A participant who fails to request an extension of time

pursuant to subrule (2) may file a notice of motion for leave to file

out of time, which shall include reasons why additional time is

required and why the participant has failed to comply with the

provisions of subrule (2).

(4) The panel will normally rule on such a motion before the last

day of the time period which is the subject of the motion.

Counsel of Record

21. (1) A counsel who signs a document filed pursuant to these

rules on behalf of a participant shall be the counsel of record for the

participant from the date of filing until a change is effected in

accordance with subrule (2).

(2) A participant may change its counsel of record by filing with

the responsible Secretariat a Notice of Change of Counsel of Record

signed by the new counsel, together with proof of service on the former

counsel and other participants.

Filing, Service and Communications

22. (1) Subject to subrules 14(3) and 48(1), rule 49 and subrules

55 (3) and (4) and 75(2)(a), no document is filed with the Secretariat

until one original and eight copies of the document are received by the

responsible Secretariat during its normal business hours and within the

time period fixed for filing.

(2) Receipt, date and time stamping or placement in the file of a

document by the responsible Secretariat does not constitute a waiver of

any time period fixed for filing or an acknowledgement that the

document has been filed in accordance with these rules.

23. The responsible Secretary shall be responsible for the service

(a) Notices of Intent to Commence Judicial Review and Complaints on

each Party;

(b) Requests for Panel Review on the Parties, the investigating

authority and the persons listed on the service list;

(d) Disclosure Orders and Protective Orders granted to panelists,

assistants to panelists, court reporters or translators and any

amendments or modifications thereto or notices of revocation thereof

referred to in subrules 14 (2) and (3), decisions and orders of a

panel, Notices of Final Panel Action and Notices of Completion of Panel

Review on the participants.

24. (1) Subject to subrules (4) and (5), all documents filed by a

participant, other than the administrative record, any supplementary

remand record and any document required by rule 23 to be served by the

responsible Secretary, shall be served by the participant on the

counsel of record of each of the other participants, or where a

participant is not represented by counsel, on the participant.

(2) A proof of service shall appear on, or be affixed to, all

documents referred to in subrule (1).

(3) Where a document is served by expedited delivery courier or

expedited mail service, the date of service set out in the affidavit of

service or certificate of service shall be the day on which the

document is consigned to the courier service or is mailed.

(4) A document containing proprietary information or privileged

information shall be filed and served under seal in accordance with

rule 46, and shall be served only on

(a) the investigating authority; and

(b) participants who have been granted access to the proprietary

information or privileged information under a Disclosure Order,

Protective Order or order of the panel.

(5) A complainant shall serve a Complaint on the investigating

authority and on all persons listed on the service list.

25. Subject to subrule 26(a), a document may be served by

(a) delivering a copy of the document to the service address of the

participant;

(b) sending a copy of the document to the service address of the

participant by facsimile transmission or by expedited delivery courier

or expedited mail service, such as express mail in the United States or

Priority Post in Canada; or

26. Where proprietary information or privileged information is

disclosed in a panel review to a person pursuant to a Disclosure Order

or Protective Order, the person shall not

(a) file, serve or otherwise communicate the proprietary

information or privileged information by facsimile transmission; or

(b) communicate the proprietary information or privileged

information by telephone.

27. Service on an investigating authority does not constitute

service on a Party and service on a Party does not constitute service

on an investigating authority.

Pleadings and Simultaneous Translation of Panel Reviews in Canada

28. Rules 29 to 31 apply with respect to a panel review of a final

determination made in Canada.

29. Either English or French may be used by any person or panelist

in any document or oral proceeding.

30. (1) Subject to subrule (2), any order or decision including the

reasons therefor, issued by a panel shall be made available

simultaneously in both English and French where

(a) in the opinion of the panel, the order or decision is in

respect of a question of law of general public interest or importance;

(b) the proceedings leading to the issuance of the order or

decision were conducted in whole or in part in both English and French.

(2) Where

(a) an order or decision issued by a panel is not required by

subrule (1) to be made available simultaneously in English and French,

(b) an order or decision is required by subrule (1)(a) to be made

available simultaneously in both English and French but the panel is of

the opinion that to make the order or decision available simultaneously

in both English and French would occasion a delay prejudicial to the

public interest or result in injustice or hardship to any participant,

the order or decision, including the reasons therefor, shall be issued

in the first instance in either English or French and thereafter at the

earliest possible time in the other language, each version to be

effective from the time the first version is effective.

(3) Nothing in subrule (1) or (2) shall be construed as prohibiting

the oral delivery in either English or French of any order or decision

or any reasons therefor.

(4) No order or decision is invalid by reason only that it was not

made or issued in both English and French.

31. (1) Any oral proceeding conducted in both English and French

shall be translated simultaneously.

(2) Where a participant requests simultaneous translation of oral

proceedings in a panel review, the request shall be made as early as

possible in the panel review and preferably at the time of filing a

Complaint or Notice of Appearance.

(3) Where the chairperson of a panel is of the opinion that there

is a public interest in the panel review, the chairperson may direct

the responsible Secretary to arrange for simultaneous translation of

any of the oral proceedings in the panel review.

Costs

32. Each participant shall bear the costs of, and those incidental

to, its own participation in a panel review.

Part II--Commencement of Panel Review

Notice of Intent To Commence Judicial Review

33. (1) Where an interested person intends to commence judicial

review of a final determination, the interested person shall.

(a) where the final determination was made in the United States,

within 20 days after the date referred to in the Federal Register

citation referred to in subrule (3)(b) or the date referred to in

subrule (3)(c), serve a Notice of Intent to Commence Judicial Review on

(i) both Secretaries,

(ii) the investigating authority, and

(iii) all persons listed on the service list; and

(b) where the final determination was made in Canada, serve a

Notice of Intent to Commence Judicial Review on both Secretaries and on

all persons listed on the service list.

(2) Where the final determination referred to in subrule (1) was

made in Canada, the Secretary of the Canadian Section shall serve a

copy of the Notice of Intent to Commence Judicial Review on the

investigating authority.

(3) Every Notice of Intent to Commence Judicial Review referred to

in subrule (1) shall include the following information (model form

provided in the Schedule):

(a) the information set out in subrules 58(1) (c) to (f);

(b) the title of the final determination for which judicial review

is sought, the investigating authority that issued the final

determination, the file number assigned by the investigating authority

and the appropriate citation if the final determination was published

in the Canada Gazette or the Federal Register; and

received by the other Party if the final determination was not

published in the Canada Gazette or the Federal Register.

Request for Panel Review

34. (1) A Request for Panel Review shall be made in accordance with

the requirements of

(a) section 77.11 or 96.3 of the Special Import Measures Act, as

amended, and regulations made thereunder;

(b) section 516A of the Tariff Act of 1930, as amended, and

regulations made thereunder; or

Implementation Act of 1988, as amended, and regulations made

thereunder.

(2) A Request for Panel Review shall contain the following

information (model form provided in the Schedule):

(a) the information set out in subrule 58(1);

(b) the title of the final determination for which panel review is

requested, the investigating authority that issued the final

determination, the file number assigned by the investigating authority

and the appropriate citation if the final determination was published

in the Canada Gazette or the Federal Register,

received by the other Party if the final determination was not

published in the Canada Gazette or the Federal Register,

(d) where a Notice of Intent to Commence Judicial Review has been

served and the sole reason that the Request for Panel Review is made is

to require review of the final determination by a panel, a statement to

that effect; and

(e) the service list, as defined in rule 3.

35. (1) On receipt of a first Request for Panel Review filed within

the time period fixed in the Act referred to in subrule 34(1)(a), (b)

or (c), pursuant to which the Request for Panel Review is made, the

responsible Secretary shall

(a) forthwith forward a copy of the Request to the other Secretary;

(b) forthwith inform the other Secretary of the Secretariat file

number; and

persons listed on the service list together with a statement setting

out the date on which the Request was filed and stating that

(i) 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,

(ii) 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

40 within 45 days after the filing of the first Request for Panel

Review, and

(iii) 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.

(2) On the filing of a first Request for Panel Review, each

Secretary shall forthwith cause a notice of that Request to be

published in the Canada Gazette and the Federal Register. The notice

shall state that a Request for Panel Review has been received and shall

specify the date on which the Request was filed, the final

determination for which panel review is requested and the information

set out in subrule (1)(c).

Joint Panel Reviews

36. Reserved.

37. (1) Where a panel is established to review a final

determination made under subsection 41(1)(a) of the Special Import

Measures Act, as amended, that applies with respect to particular goods

of the United States and a Request for Panel Review of a negative final

determination made under paragraph 43(1) of that Act with respect to

those goods is filed, the final determinations shall be reviewed

jointly by one panel.

(2) Where a panel is established to review a final determination

made under section 705(a) or 735(a) of the Tariff Act of 1930, as

amended, that applies with respect to particular goods of Canada and a

Request for Panel Review of a negative final determination made under

section 705(b) or 735(b) of that Act with respect to those goods is

filed, the final determinations shall be reviewed jointly by one panel.

38. (1) Subject to subrules (2) and (3), where final determinations

are reviewed jointly pursuant to rule 37, the time periods fixed under

these rules for the review of the final determination made under

subsection 43(1) of the Special Import Measures Act, as amended, or

section 705(b) or 735(b) of the Tariff Act of 1930, as amended, shall

apply, commencing with the date fixed for filing briefs pursuant to

rule 60.

(2) Unless otherwise ordered by a panel as a result of a motion

under subrule (3), where final determinations are reviewed jointly

pursuant to rule 37, the panel shall issue its decision with respect to

the final determination made under subsection 43(1) of the Special

Import Measures Act, as amended, or section 705(b) or 735(b) of the

Tariff Act of 1930, as amended, and where the panel remands the final

determination to the investigating authority and the Determination on

Remand is affirmative, the panel shall thereafter issue its decision

with respect to the final determination made under subsection 41(1)(a)

of the Special Import Measures Act, as amended, or section 705(a) or

735(a) of the Tariff Act of 1930, as amended.

(3) Where the final determinations are reviewed jointly pursuant to

rule 37, any participant may, unilaterally or with the consent of the

other participants, request by motion that time periods, other than the

time periods referred to in subrule (1), be fixed for the filing of

pleadings, oral proceedings, decisions and other matters.

(4) A Notice of Motion pursuant to subrule (3) shall be filed no

later than 10 days after the date fixed for filing Notices of

Appearance in the review of the final determination made under

subsection 43(1) of the Special Import Measures Act, as amended, or

section 705(b) or 735(b) of the Tariff Act of 1930, as amended.

(5) Unless otherwise ordered by a panel, where the panel has not

issued a ruling on a motion filed pursuant to subrule (3) within 30

days after the filing of the Notice of Motion, the motion shall be

deemed denied.

Complaint

39. (1) Subject to subrule (3), any interested person who intends

to make allegations of errors of fact or law, including challenges to

the jurisdiction of the investigating authority, with respect to a

final determination, shall file with the responsible Secretariat,

within 30 days after the filing of a first Request for Panel Review of

the final determination, a Complaint, together with proof of service on

the investigating authority and on all persons listed on the service

list.

(2) Every Complaint referred to in subrule (1) shall contain the

following information (model form provided in the Schedule):

(a) the information set out in subrule 58(1);

(b) the precise nature of the Complaint, including the applicable

standard of review and the allegations of errors of fact or law,

including challenges to the jurisdiction of the investigating

authority;

file a Complaint under this rule; and

(d) where the final determination was made in Canada, a statement

as to whether the complainant

(i) intends to use English or French in pleadings and oral

proceedings before the panel, and

(ii) requests simultaneous translation of any oral proceedings.

(3) Only an interested person who would otherwise be entitled to

commence proceedings for judicial review of the final determination may

file a Complaint.

(4) Subject to subrule (5), an amended Complaint shall be filed no

later than 5 days before the expiration of the time period for filing a

Notice of Appearance pursuant to rule 40.

(5) An amended Complaint may, with leave of the panel, be filed

after the time limit set out in subrule (4) but not later than 20 days

before the expiration of the time period for filing briefs pursuant to

subrule 60(1).

(6) Leave to file an amended Complaint may be requested of the

panel by the filing of a Notice of Motion for leave to file an amended

Complaint accompanied by the proposed amended Complaint.

(7) Where the panel does not grant a motion referred to in subrule

(6) within the time period for filing briefs pursuant to subrule 60(1),

the motion shall be deemed to be denied.

Notice of Appearance

40. (1) Subject to subrule (2), within 45 days after the filing of

a first Request for Panel Review of a final determination, the

investigating authority and any other person who is entitled to and

proposes to participate in the panel review and who has not filed a

Complaint in the panel review shall file with the responsible

Secretariat a Notice of Appearance containing the following information

(model form provided in the Schedule):

(a) the information set out in rule 58(1);

(b) in the case of a Notice of Appearance filed by the

investigating authority, any admissions with respect to the allegations

set out in the Complaints;

(i) in support of the allegations set out in a Complaint under

subrule 39(2)(b),

(ii) in opposition to the allegations set out in a Complaint under

subrule 39(2)(b), or

(iii) partly in support of the allegations set out in a Complaint

under subrule 39(2)(b) and partly in opposition to the allegations set

out in a Complaint under subrule 39(2)(b);

(d) a statement as to the basis for the person's claim of

entitlement to file a Notice of Appearance under this rule; and

(e) where the final determination was made in Canada, a statement

as to whether the person filing the Notice of Appearance

(i) intends to use English or French in pleadings and oral

proceedings before the panel, and

(ii) requests simultaneous translation of any oral proceedings.

(2) Any complainant who intends to appear partly in opposition to

the allegations set out in a Complaint under subrule 39(2)(b) shall

file a Notice of Appearance containing the statements referred to in

subrules (1)(c)(iii) and (1)(d).

Record for Review

41. (1) The investigating authority whose final determination is

under review shall, within 15 days after the expiration of the time

period fixed for filing a Notice of Appearance, file with the

responsible Secretariat

(a) nine copies of the final determination, including reasons for

the final determination;

(b) two copies of an Index comprised of a descriptive list of all

items contained in the administrative record, together with proof of

service of the Index on all participants; and

administrative record.

(2) An Index referred to in subrule (1) shall, where applicable,

identify those items that contain proprietary information, privileged

information or government information by a statement to that effect.

(3) Where a document containing proprietary information is filed,

it shall be filed under seal in accordance with rule 46.

(4) No privileged information shall be filed with the responsible

Secretariat unless the investigating authority waives the privilege and

voluntarily files the information or the information is filed pursuant

to an order of a panel.

(5) No government information shall be filed with the Secretariat

unless the investigating authority, after having reviewed the

government information and, where applicable, after having pursued

appropriate review procedures, determines that the information may be

disclosed.

42. Reserved.

43. Reserved.

Part III--Panels

Announcement of Panel

44. On the completion of the selection of a panel, the responsible

Secretary shall notify the participants and the other Secretary of the

names of the panelists.

Violation of Code of Conduct

45. Where a participant in a panel review believes that a panelist

or an assistant to a panelist is in violation of the Code of Conduct,

the participant shall forthwith notify the responsible Secretary in

writing of the alleged violation. The responsible Secretary shall

promptly notify the other Secretary and the Parties of the allegations.

Part IV--Proprietary Information and Privileged Information

Filing or Service under Seal

46. (1) Where, under these rules, a document containing proprietary

information or privileged information is required to be filed under

seal with the Secretariat or is required to be served under seal, the

document shall be filed or served in accordance with this rule and,

where the document is a pleading, in accordance with rule 59.

(2) A document filed or served under seal shall be

(a) bound separately from all other documents;

(b) clearly marked

(i) in the case of a document containing proprietary information,

``Proprietary'' or ``Confidential'', and

(ii) in the case of a document containing privileged information,

``Privileged''; and

wrapper.

(3) An inner wrapper referred to in subrule (2)(c) shall indicate

(a) that proprietary information or privileged information is

enclosed, as the case may be; and

(b) the Secretariat file number of the panel review.

47. Filing or service of proprietary information or privileged

information with the Secretariat does not constitute a waiver of the

designation of the information as proprietary information or privileged

information.

Disclosure Orders and Protective Orders

48. (1) A counsel of record, or a professional retained by, or

under the control or direction of, a counsel of record, who wishes

disclosure of proprietary information in a panel review shall file a

Disclosure Undertaking or a Protective Order Application with respect

to the proprietary information as follows:

(a) with the responsible Secretariat, four copies; and

(b) with the investigating authority, one original and any

additional copies that the investigating authority requires.

(2) A Disclosure Undertaking or Protective Order Application

referred to in subrule (1) shall be served

(a) where the Disclosure Undertaking or Protective Order

Application is filed before the expiration of the time period fixed for

filing a Notice of Appearance in the panel review, on the persons

listed in the service list; and

(b) in any other case, on all participants other than the

investigating authority, in accordance with subrule 24(1).

49. (1) Every panelist, assistant to a panelist, court reporter and

translator shall, before taking up duties in a panel review, submit to

the responsible Secretary a Disclosure Undertaking or a Protective

Order Application.

(2) A panelist, assistant to a panelist, court reporter or

translator who amends or modifies a Disclosure Undertaking or

Protective Order Application shall file with the responsible

Secretariat a copy of the amendment or modification.

(3) Where the investigating authority receives, pursuant to subrule

14(1), a Disclosure Undertaking or Protective Order Application, or an

amendment or modification thereto, the investigating authority shall

issue a Disclosure Order, Protective Order, amendment or modification

accordingly.

(4) Where the investigating authority amends, modifies or revokes a

Disclosure Order or Protective Order, the panelist, assistant to a

panelist, court reporter or translator shall provide the responsible

Secretariat with a copy of the amendment, modification or notice of

revocation.

50. The investigating authority shall, within 30 days after a

Disclosure Undertaking or Protective Order Application is filed in

accordance with subrule 48(1), serve on the person who filed the

Disclosure Undertaking or Protective Order Application

(a) a Disclosure Order or Protective Order, as the case may be; or

(b) a notification in writing setting out the reasons why a

Disclosure Order or Protective Order is not issued.

51. (1) Where

(a) an investigating authority refuses to issue a Disclosure Order

or Protective Order to a counsel of record or to a professional

retained by, or under the control or direction of, a counsel of record,

(b) an investigating authority issues a Disclosure Order or

Protective Order with terms unacceptable to the counsel of record, the

counsel of record may file with the responsible Secretariat a Notice of

Motion requesting that the panel review the decision of the

investigating authority.

(2) Where, after consideration of any response made by the

investigating authority referred to in subrule (1), the panel decides

that a Disclosure Order or Protective Order should be issued or that

the terms of a Disclosure Order or Protective Order should be modified

or amended, the panel shall so notify counsel for the investigating

authority.

(3) Where the final determination was made in the United States and

the investigating authority fails to comply with the notification

referred to in subrule (2), the panel may issue such orders as are just

in the circumstances, including an order refusing to permit the

investigating authority to make certain arguments in support of its

case or striking certain arguments from its pleadings.

52. (1) Where a Disclosure Order or Protective Order is issued to a

person in a panel review, the person shall file with the responsible

Secretariat a copy of the Disclosure Order or Protective Order.

(2) Where a Disclosure Order or Protective Order is revoked,

amended or modified by the investigating authority, the investigating

authority shall provide to the responsible Secretariat and to all

participants a copy of the Notice of Revocation, amendment or

modification.

53. Reserved.

54. Where a Disclosure Order or Protective Order is issued to a

person, the person is entitled

(a) to access to the document; and

(b) where the person is a counsel of record, to a copy of the

document containing the proprietary information, on payment of an

appropriate fee, and to service of pleadings containing the proprietary

information.

Privileged Information

55. (1) A Notice of Motion for disclosure of a document in the

administrative record identified as containing privileged information

shall set out

(a) the reasons why disclosure of the document is necessary to the

case of the participant filing the Notice of Motion; and

(b) a statement of any point of law or legal authority relied on,

together with a concise argument in support of disclosure.

(2) Within 10 days after a Notice of Motion referred to in subrule

(1) is filed, the investigating authority shall, if it intends to

respond, file the following in response:

(a) an affidavit of an official of the investigating authority

stating that, since the filing of the Notice of Motion, the official

has examined the document and has determined that disclosure of the

document would constitute disclosure of privileged information; and

(b) a statement of any point of law or legal authority relied on,

together with a concise argument in support of non-disclosure.

(3) After having reviewed the Notice of Motion referred to in

subrule (1) and any response filed under subrule (2), the panel may

order

(a) that the document shall not be disclosed; or

(b) that the investigating authority file two copies of the

document under seal with the responsible Secretariat.

(4) In a panel review of a final determination made in the United

States, before examining a document in accordance with subrule (6) or

(8), a panelist shall file with the responsible Secretariat four copies

of a Protective Order with respect to the document, signed by the

panelist.

(5) Where the panel has issued an order pursuant to subrule (3)(b),

the panel shall select two panelists, one of whom shall be a lawyer who

is a citizen of Canada and the other of whom shall be a lawyer who is a

citizen of the United States.

(6) The two panelists selected under subrule (5) shall

(a) examine the document in camera; and

(b) communicate their decision, if any, to the panel.

(7) The decision referred to in subrule (6)(b) shall be issued as

an order of the panel.

(8) Where the two panelists selected under subrule (5) fail to come

to a decision, the panel shall

(a) examine the document in camera; and

(b) issue an order with respect to the disclosure of the document.

(9) Where an order referred to in subrule (7) or (8) is to the

effect that the document shall not be disclosed, the responsible

Secretary shall return all copies of the document to the investigating

authority by service under seal.

56. In a panel review of a final determination made in the United

States, where, pursuant to rule 55, disclosure of a document is

granted,

(a) the panel shall limit disclosure to

(i) persons who must have access in order to permit effective

representation in the panel review,

(ii) persons, such as the Secretariat staff, court reporters and

translators, who must have access for administrative purposes in order

to permit effective functioning of the panel, and

(iii) members of an Extraordinary Challenge Committee and their

assistants who may need access pursuant to the Extraordinary Challenge

Committee Rules;

(b) the panel shall issue an order identifying by name and by title

or position the persons who are entitled to access and shall allow for

future access by new counsel of record and by members of an

Extraordinary Challenge Committee and, as necessary, their assistants;

and

respect to that document in accordance with the order of the panel.

Violations of Disclosure Undertakings and Protective Orders

57. Where any person alleges that the terms of a Disclosure

Undertaking or Protective Order have been violated, the panel shall

refer the allegations to the investigating authority for investigation

and, where applicable, the imposition of sanctions in accordance with

section 77.26 of the Special Import Measures Act, as amended, or

section 777(d) of the Tariff Act of 1930, as amended.

Part V--Written Proceedings

Form and Content of Pleadings

58. (1) Every pleading filed in a panel review shall contain the

following information:

(a) the title of, and any Secretariat file number assigned for, the

panel review;

(b) a brief descriptive title of the pleading;

person filing the document;

(d) the name of counsel of record for the Party, investigating

authority or interested person;

(e) the service address, as defined in rule 3; and

(f) the telephone number of the counsel of record referred to in

subrule (d) or, where an interested person is not represented by

counsel, the telephone number of the interested person.

(2) Every pleading filed in a panel review shall be on paper 8\1/2\

x 11 inches (216 millimetres by 279 millimetres) in size. The text of

the pleading shall be printed, typewritten or reproduced legibly on one

side only with a margin of approximately 1\1/2\ inches (40 millimetres)

on the left-hand side with double spacing between each line of text,

except for quotations of more than 50 words, which shall be indented

and single-spaced. Footnotes, titles, schedules, tables, graphs and

columns of figures shall be presented in a readable form. Briefs shall

be securely bound along the left-hand margin.

(3) Every pleading filed on behalf of a participant in a panel

review shall be signed by counsel for the participant or, where the

participant is not represented by counsel, by the participant.

59. (1) Where a participant files a pleading that contains

proprietary information, the participant shall file two sets of the

pleading in the following manner:

(a) one set shall be filed under seal, containing the proprietary

information and labelled ``Proprietary'' or ``Confidential'', with the

top of each page that contains proprietary information marked with the

word ``Proprietary'' or ``Confidential'' and with the proprietary

information enclosed in brackets; and

(b) no later than one day following the day on which the set of

pleadings referred to in subrule (a) is filed, another set not

containing proprietary information shall be filed and labelled ``Non-

Proprietary'' or ``Non-Confidential'', with each page from which

proprietary information has been deleted bearing a legend indicating

the location from which the proprietary information was deleted.

(2) Where a participant files a pleading that contains privileged

information, the participant shall file two sets of the pleading in the

following manner:

(a) one set of shall be filed under seal, containing the privileged

information and labelled ``Privileged'', with the top of each page that

contains privileged information marked with the word ``Privileged'' and

with the privileged information enclosed in brackets; and

(b) no later than one day following the day on which the set of

pleadings referred to in subrule (a) is filed, another set not

containing privileged information shall be filed and labelled ``Non-

Privileged'', with each page from which privileged information has been

deleted bearing a legend indicating the location from which the

privileged information was deleted.

Filing of Briefs

60. (1) Subject to subrule 38(1), every participant who has filed a

Complaint under rule 39 or a Notice of Appearance with a statement

under subrule 40(1)(c)(i) or (iii) shall file a brief, setting forth

grounds and arguments supporting the allegations of the Complaint no

later than 60 days after the expiration of the time period fixed, under

subrule 41(1), for filing the administrative record.

(2) Every participant who has filed a Notice of Appearance with a

statement under subrule 40(1)(c)(ii) or (iii) shall file a brief

supporting any reviewable portion of the final determination no later

than 60 days after the expiration of the time period for filing of

briefs referred to in subrule (1).

(3) Every participant who has filed a brief pursuant to subrule (1)

may file a brief replying to the grounds and arguments set forth in the

briefs filed pursuant to subrule (2) no later than 15 days after the

expiration of the time period for filing of briefs referred to in

subrule (2). Reply briefs shall be limited to rebuttal of matters

raised in the briefs filed pursuant to subrule (2).

(4) An appendix containing authorities cited in all briefs filed

under any of subrules (1) to (3) shall be filed with the responsible

Secretariat within 10 days after the last day on which a brief under

subrule (3) may be filed.

(5) Any number of participants may join in a single brief and any

participant may adopt by reference any part of the brief of another

participant.

(6) A participant may file a brief without appearing to present

oral argument.

(7) Where a panel review of a final determination made by an

investigating authority of United States with respect to certain goods

involves issues that may relate to the final determination of the other

investigating authority with respect to those goods, the latter

investigating authority may file an amicus curiae brief in the panel

review in accordance with subrule (2).

Failure to File Briefs

61. (1) Where a participant fails to file a brief within the time

period fixed, the panel may order that the participant is not entitled

(a) to present oral argument;

(b) to service of any further pleadings, orders or decisions in the

panel review; or

(2) Where

(a) no brief is filed by any complainant or by any participant in

support of any of the complainants within the time periods established

pursuant to these rules, and

(b) where no motion pursuant to rule 20 is pending, the panel may,

on its own motion or pursuant to the motion of a participant, issue an

order to show cause why the panel review should not be dismissed.

(3) If, on a motion under subrule (1), good cause is not shown, the

panel shall issue an order dismissing the panel review.

(4) Where no brief is filed by an investigating authority, or by an

interested person in support of the investigating authority, within the

time period fixed in subrule 60(2), a panel may issue a decision

referred to in rule 74.

Content of Briefs and Appendices

62. (1) Every brief filed pursuant to subrule 60(1) or (2) shall

contain information, in the following order, divided into five parts:

Part I

(a) A table of contents; and

(b) A table of authorities:

The table of authorities shall include the authorities cited except

references to documents from the administrative record. The table of

authorities shall arrange the cases alphabetically, refer to the

page(s) of the brief where each authority is cited and mark, with an

asterisk in the margin, those authorities primarily relied on.

Part II: A statement of the Case

(a) in the brief of a complainant or of a participant filing a

brief pursuant to subrule 60(1), this Part shall contain a concise

statement of the relevant facts;

(b) in the brief of an investigating authority or of a participant

filing a brief pursuant to subrule 60(2), this Part shall contain a

concise statement of the position of the investigating authority or the

participant with respect to the statement of facts set out in the

briefs referred to in paragraph (a), including a concise statement of

other facts relevant to its case; and

record shall be made by page and, where practicable, by line.

Part III: A statement of the issues:

(a) in the brief of a complainant or of a participant filing a

brief pursuant to subrule 60(1), this Part shall contain a concise

statement of the issues; and

(b) in the brief of an investigating authority or of a participant

filing a brief pursuant to subrule 60(2), this Part shall contain a

concise statement of the position of the investigating authority or the

participant with respect to each issue relevant to its case.

Part IV: Argument

This Part shall consist of the argument setting out concisely the

points of law relating to the issues with applicable citations to

authorities and the administrative record.

Part V: Relief

This part shall consist of a concise statement precisely

identifying the relief requested.

(2) Paragraphs in Parts I to V of a brief may be numbered

consecutively.

(3) A reply brief filed pursuant to rule 60(3) shall include a

table of contents and a table of authorities, indicating those

principally relied upon in the argument.

Appendix to the Briefs

62A. (1) Authorities referred to in the briefs shall be included in

an appendix, which shall be organized as follows: a table of contents,

copies of all treaty and statutory references, references to

regulations, cases primarily relied on in the briefs, set out

alphabetically, and all other references except documents from the

administrative record.

(2) The appendix required under subrule 60(4) shall be compiled by

a participant who filed a brief under subrule 60(1) and who was so

designated by all the participants who filed a brief. Each participant

who filed a brief under subrule 60(2) shall provide the designated

participant with a copy of each authority on which it primarily relied

in its brief that was not primarily relied on in any other brief filed

under subrule 60(1). Each participant who filed a brief under subrule

60(3) shall provide the designated participant with a copy of each

authority on which it primarily relied in its brief that was not

primarily relied on in briefs filed pursuant to subrule 60 (1) or (2).

(3) The costs for compiling the appendix shall be borne equally by

all participants who file briefs.

Motions

63. (1) A motion shall be made by Notice of Motion in writing

(model form provided in the Schedule) unless the circumstances make it

unnecessary or impracticable.

(2) Every Notice of Motion, and any affidavit in support thereof,

shall be accompanied by a proposed order of the panel (model form

provided in the Schedule) and shall be filed with the responsible

Secretariat, together with proof of service on all participants.

(3) Every Notice of Motion shall contain the following information:

(a) the title of the panel review, the Secretariat file number for

that panel review and a brief descriptive title indicating the purpose

of the motion;

(b) a statement of the precise relief requested;

to any rule, point of law or legal authority to be relied on, together

with a concise argument in support of the motion; and

(d) where necessary, references to evidence in the administrative

record identified by page and, where practicable, by line.

(4) The pendency of any motion in a panel review shall not alter

any time period fixed in these rules or by an order or decision of the

panel.

(5) A Notice of Motion to which all participants consent shall be

entitled a Consent Motion.

64. Subject to subrules 20(2) and 77(5), unless the panel otherwise

orders, a participant may file a response to a Notice of Motion within

10 days after the Notice of Motion is filed.

65. (1) A panel may dispose of a motion based upon the pleadings

filed pertaining to the motion.

(2) The panel may hear oral argument or, subject to subrule 26(b),

direct that a motion be heard by means of a telephone conference call

with the participants.

(3) A panel may deny a motion before responses to the Notice of

Motion have been filed.

66. Where a panel chooses to hear oral argument or, pursuant to

subrule 65(2), directs that a motion be heard by means of a telephone

conference call with the participants, the responsible Secretary shall,

at the direction of the chairperson, fix a date, time and place for the

hearing of the motion and shall notify all participants of the same.

Part VI--Oral Proceedings

Location

67. Oral proceedings in a panel review shall take place at the

office of the responsible Secretariat or at such other location as the

responsible Secretary may arrange.

Pre-hearing Conference

68. (1) A panel may hold a pre-hearing conference, in which case

the responsible Secretary shall give notice of the conference to all

participants.

(2) A participant may request that the panel hold a pre-hearing

conference by filing with the responsible Secretariat a written request

setting out the matters that the participant proposes to raise at the

conference.

(3) The purpose of a pre-hearing conference shall be to facilitate

the expeditious advancement of the panel review by addressing such

matters as

(a) the clarification and simplification of the issues;

(b) the procedure to be followed at the hearing of oral argument;

and

(4) Subject to subrule 26(b), a pre-hearing conference may be

conducted by means of a telephone conference call.

(5) Following a pre-hearing conference, the panel shall promptly

issue an order setting out its rulings with respect to the matters

considered at the conference.

Oral Argument

69. (1) A panel shall commence the hearing of oral argument no

later than 30 days after the expiration of the time period fixed under

subrule 60(3) for filing reply briefs. At the direction of the panel,

the responsible Secretary shall notify all participants of the date,

time and place for the oral argument.

(2) Oral argument shall be limited to the issues in dispute, shall

be subject to the time constraints set by the panel and shall, unless

the panel otherwise orders, be presented in the following order:

(a) the complainants and any participant who filed a brief in

support of the allegations set out in a Complaint or partly in support

of the allegations set out in a Complaint and partly in opposition to

the allegations set out in a Complaint;

(b) the investigating authority and any participant who filed a

brief in opposition to the allegations set out in a Complaint, other

than a participant referred to in subrule (a); and

(3) If a participant fails to appear at oral argument, the panel

may hear argument on behalf of the other participants who are present.

If no participant appears, the panel may decide the case on the basis

of briefs.

(4) Oral argument on behalf of a participant on a motion or at a

hearing shall be conducted by the counsel of record for that

participant or, where the participant is an individual appearing pro

se, by the participant.

Subsequent Authorities

70. (1) A participant who has filed a brief may bring to the

attention of the panel,

(a) at any time before the conclusion of oral argument, an

authority that is relevant to the panel review;

(b) at any time after the conclusion of oral argument and before

the panel has issued its decision,

(i) an authority that was reported subsequent to the conclusion of

oral argument, or

(ii) with the leave of the panel, an authority that is relevant to

the panel review and that came to the attention of counsel of record

after the conclusion of oral argument, by filing with the responsible

Secretariat a written request, setting out the citation of the decision

or judgment, the page reference of the brief of the participant to

which the decision or judgment relates and a concise statement, of no

more than one page in length, of the relevance of the decision or

judgment.

(2) A request referred to in subrule (1) shall be filed as soon as

possible after the issuance of the decision or judgment by the court.

(3) Where a request referred to in subrule (1) is filed with the

responsible Secretariat, any other participant may, within five days

after the date on which the request was filed, file a concise

statement, of no more than one page in length, in response.

Oral Proceedings in Camera

71. During that part of oral proceedings in which proprietary

information or privileged information is presented, a panel shall not

permit any person other than the following persons to be present:

(a) the person presenting the proprietary information or privileged

information;

(b) a person who has been granted access to the proprietary

information or privileged information under a Disclosure Order,

Protective Order or an order of the panel;

confidentiality of the privileged information has been waived; and

(d) officials of, and counsel for, the investigating authority.

PART VII--Decisions and Completions of Panel Reviews

Orders, Decisions and Terminations

72. The responsible Secretary shall cause notice of every decision

of a panel issued pursuant to rule 74 to be published in the Canada

Gazette and the Federal Register.

73. (1) Where a Notice of Motion requesting dismissal of a panel

review is filed by a participant, the panel may issue an order

dismissing the panel review.

(2) Where a Notice of Motion requesting termination of a panel

review is filed by a participant and is consented to by all the

participants, and an affidavit to that effect is filed, or where all

participants file Notices of Motion requesting termination, the panel

review is terminated and, if a panel has been appointed, the panelists

are discharged.

74. A panel shall issue a written decision with reasons, together

with any dissenting or concurring opinions of the panelists, in

accordance with Article 1904.8 of the Agreement. The decision will

normally be released by noon on the date of issuance.

Panel Review of Action on Remand

75. (1) An investigating authority shall give notice of the action

taken pursuant to a remand of the panel by filing with the responsible

Secretariat a Determination on Remand within the time specified by the

panel.

(2) If, on remand, the investigating authority has supplemented the

administrative record,

(a) the investigating authority shall file with the responsible

Secretariat an Index listing each item in the supplementary remand

record, and a copy of each non-privileged item listed in that Index,

within five days after the date on which the investigating authority

filed the Determination on Remand with the panel;

(b) any participant who intends to challenge the Determination on

Remand shall file a written submission with respect to the

Determination on Remand within 20 days after the date on which the

investigating authority filed the Index and supplementary remand

record; and

(b) shall be filed by the investigating authority, and by any

participant supporting the investigating authority, within 20 days

after the last day on which written submissions in opposition to the

Determination on Remand may be filed.

(3) If, on remand, the investigating authority has not supplemented

the record,

(a) any participant who intends to challenge the Determination on

Remand shall file a written submission within 20 days after the date on

which the investigating authority filed the Determination on Remand

with the panel; and

(b) any response to the written submissions referred to in subrule

(a) shall be filed by the investigating authority, and by any

participant filing in support of the investigating authority, within 20

days after the last day on which such written submissions may be filed.

(4) If no written submissions are filed under subrule (2)(b) or

(3)(a) within the time periods established by these rules, and if no

motion pursuant to rule 20 is pending, the panel shall, within 10 days

after the later of the due date for such written submissions and the

date of the denial of a motion pursuant to rule 20, issue an order

affirming the investigating authority's Determination on Remand.

(5) Where a Determination on Remand is challenged, the panel shall

issue a written decision pursuant to rule 74, either affirming the

Determination on Remand or remanding it to the investigating authority,

no later than 90 days after the Determination on Remand is filed.

75A. In setting the date by which a Determination on Remand shall

be due from the investigating authority, the panel shall take into

account, among other factors,

(a) the date that any Determination on Remand with respect to the

same goods is due from the other investigating authority, and

(b) the effect the Determination on Remand from the other

investigating authority might have on the deliberations of the

investigating authority with respect to the making of a final

Determination on Remand.

Re-examination of Orders and Decisions

76. A clerical error in an order or decision of a panel, or an

error in an order or decision of a panel arising from any accidental

oversight, inaccuracy or omission, may be corrected by the panel at any

time during the panel review.

77. (1) A participant may, within 10 days after a panel issues its

decision, file a Notice of Motion requesting that the panel re-examine

its decision for the purpose of correcting an accidental oversight,

inaccuracy or omission, which shall set out

(a) the oversight, inaccuracy or omission with respect to which the

request is made;

(b) the relief requested; and

consent to the motion.

(2) The grounds for a motion referred to in subrule (1) shall be

limited to one or both of the following grounds:

(a) that the decision does not accord with the reasons therefor; or

(b) that some matter has been accidentally overlooked, stated

inaccurately or omitted by the panel.

(3) No Notice of Motion referred to in subrule (1) shall set out

any argument already made in the panel review.

(4) There shall be no oral argument in support of a motion referred

to in subrule (1).

(5) Except as the panel may otherwise order under subrule (6)(b),

no participant shall file a response to a Notice of Motion filed

pursuant to subrule (1).

(6) Within seven days after the filing of a Notice of Motion under

subrule (1), the panel shall

(a) issue a decision ruling on the motion; or

(b) issue an order identifying further action to be taken

concerning the motion.

(7) A decision or order under subrule (6) may be made with the

concurrence of any three panelists.

Delay in Delivery of Decisions

78. Where a panelist becomes unable to fulfil panel duties, is

disqualified or dies, panel proceedings and the running of time periods

shall be suspended, pending the appointment of a substitute panelist in

accordance with the procedures set out in Annex 1901.2 to Chapter

Nineteen of the Agreement.

79. Where a panelist becomes unable to fulfil panel duties, is

disqualified or dies after the oral argument, the chairperson may order

that the matter be reheard, on such terms as are appropriate, after

selection of a substitute panelist.

Part VIII--Completion of Panel Review

79A. (1) Subject to subrule (2), when a panel issues:

(a) an order dismissing a panel review under subrule 61(2) or

73(1),

(b) a decision under rule 74 or subrule 75(5) that is the final

action in the panel review, or

responsible Secretary to issue a Notice of Final Panel Action (model

form provided in the Schedule) on the eleventh day thereafter.

(2) Where a motion is filed pursuant to subrule 77(1) regarding a

decision referred to in subrule (1)(b), the responsible Secretary shall

issue the Notice of Final Panel Action on the day on which the panel

(a) issues a ruling finally disposing of the motion; or

(b) directs the responsible Secretary to issue the Notice of Final

Panel Action, the issuance of which shall constitute a denial of the

motion.

80. If no Request for an Extraordinary Challenge Committee is

filed, the responsible Secretary shall cause to be published in the

Canada Gazette and the Federal Register a Notice of Completion of Panel

Review, effective

(a) on the day on which a panel is terminated pursuant to subrule

73(2); or

(b) in any other case, on the 31st day following the date on which

the responsible Secretary issues a Notice of Final Panel Action.

81. Except as provided in rule 80, where a Request for an

Extraordinary Challenge Committee has been filed, the responsible

Secretary shall cause to be published in the Canada Gazette and the

Federal Register a Notice of Completion of Panel Review, effective on

the day after the day referred to in rule 65 or subrule 66(a) of the

Extraordinary Challenge Committee Rules.

82. Reserved

83. Reserved

84. Reserved

85. Panelists are discharged from their duties on the day on which

a Notice of Completion of Panel Review is effective, or on the day on

which an Extraordinary Challenge Committee vacates a panel review

pursuant to subrule 66(b) of the Extraordinary Challenge Committee

Rules.

Schedule

Procedural Forms

Forms (1) through (7) follow.

Form (1)

Article 1904 Binational Panel Review pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Final Determination)

Notice of Intent to Commence Judicial Review

Pursuant to Article 1904 of the Canada-United States Free-Trade

Agreement, notice is hereby served that

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

(interested person filing notice)

intends to commence judicial review in the

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

(name of the court)

of the final determination referenced below. The following

information is provided pursuant to Rule 33 of the Article 1904

Panel Rules:

1.---------------------------------------------------------------------

(The name of the interested person filing this notice)

2.---------------------------------------------------------------------

(The name of counsel for the interested person, if any)

3.---------------------------------------------------------------------

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

(The service address, as defined by Rule 3 of the Article 1904 Panel

Rules, including facsimile number, if any)

4.---------------------------------------------------------------------

(The telephone number of counsel for the interested person or the

telephone number of the interested person, if not represented by

counsel)

5.---------------------------------------------------------------------

(The title of the final determination for which notice of intent to

commence judicial review is served)

6.---------------------------------------------------------------------

(The investigating authority that issued the final determination)

7.---------------------------------------------------------------------

(The file number of the investigating authority)

8. (a)-----------------------------------------------------------------

(The citation and date of publication of the final determination in

the Federal Register or Canada Gazette); or

(b)--------------------------------------------------------------------

(If the final determination was not published, the date notice of

the final determination was received by the other Party)

Date-------------------------------------------------------------------

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

Signature of Counsel (or interested person, if not represented by

counsel)

Form (2)

Article 1904 Binational Panel Review pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Request for Panel Review

Pursuant to Article 1904 of the Canada-United States Free-Trade

Agreement, panel review is hereby requested of the final

determination referenced below. The following information is

provided pursuant to Rule 34 of the Article 1904 Panel Rules:

1.---------------------------------------------------------------------

(The name of the Party or the interested person filing this request

for panel review)

2.---------------------------------------------------------------------

(The name of counsel for the Party or the interested person, if any)

3.---------------------------------------------------------------------

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

(The service address, as defined by Rule 3 of the Article 1904 Panel

Rules, including facsimile number, if any)

4.---------------------------------------------------------------------

(The telephone number of counsel for the Party or the interested

person or the telephone number of the interested person, if not

represented by counsel)

5.---------------------------------------------------------------------

(The title of the final determination for which panel review is

requested)

6.---------------------------------------------------------------------

(The investigating authority that issued the final determination)

7.---------------------------------------------------------------------

(The file number of the investigating authority)

8. (a)-----------------------------------------------------------------

(The citation and date of publication of the final determination in

the Federal Register or Canada Gazette); or

(b)--------------------------------------------------------------------

(If the final determination was not published, the date notice of

the final determination was received by the other Party)

9. Yes ________ No ________ Non-Applicable ________

(Where a Notice of Intent to Commence Judicial Review has been

served, is the sole reason for requesting review of the final

determination to require review by a panel?)

10. The Service List, as defined by Rule 3, is attached.

Date-------------------------------------------------------------------

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

Signature of Counsel (or interested person, if not represented by

counsel)

Form (3)

Article 1904 Binational Panel Review pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Complaint

1.---------------------------------------------------------------------

(The name of the interested person filing the complaint)

2.---------------------------------------------------------------------

(The name of counsel for the interested person, if any)

3.---------------------------------------------------------------------

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

(The service address, as defined by Rule 3 of the Article 1904 Panel

Rules, including facsimile number, if any)

4.---------------------------------------------------------------------

(The telephone number of counsel for the interested person or

telephone number of the interested person, if not represented by

counsel)

5. Statement of the Precise Nature of the Complaint (See Rule 39)

A. The Applicable Standard of Review

B. Allegations of Errors of Fact or Law

C. Challenges to the Jurisdiction of the Investigating Authority

6. Statement of the Interested Person's Entitlement to File a

Complaint Under Rule 39

7. For Panel Reviews of Determinations Made in Canada:

(a) Complainant intends to use the specified language in pleadings

and oral proceedings (Specify one)

________ English ________ French

(b) Complainant requests simultaneous translation of oral

proceedings (Specify one)

________ Yes ________ No

Date-------------------------------------------------------------------

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

Signature of Counsel (or interested person, if not represented by

counsel)

Form (4)

Article 1904 Binational Panel Review pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Notice of Appearance

1.---------------------------------------------------------------------

(The name of the investigating authority or the interested person

filing this notice of appearance)

2.---------------------------------------------------------------------

(The name of counsel for the investigating authority or the

interested person, if any)

3.---------------------------------------------------------------------

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

(The service address, as defined by Rule 3 of the Article 1904 Panel

Rules, including facsimile number, if any)

4.---------------------------------------------------------------------

(The telephone number of counsel for the investigating authority or

the interested person or the telephone number of the interested

person, if not represented by counsel)

5. This Notice of Appearance is made:

________in support of the allegations set out in a Complaint;

________in opposition to the allegations set out in a Complaint; or

________partly in support of the allegations set out in a Complaint

and partly in opposition to the allegations set out in a Complaint;

6. Statement as to the basis for the interested person's entitlement

to file a Notice of Appearance under rule 40

7. For Notices of Appearance Filed by the Investigating Authority

Statement by the Investigating Authority regarding any admissions

with respect to the allegations set out in the Complaints

8. For Panel Reviews of Determinations Made in Canada:

(a) I intend to use the specified language in pleadings and oral

proceedings (Specify one)

________English ________French

(b) I request simultaneous translation of oral proceedings (Specify

one)

________Yes ________No

Date-------------------------------------------------------------------

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

Signature of Counsel (or interested person, if not represented by

counsel)

Form (5)

Article 1904 Binational Panel Review Pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Notice of Motion

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

(descriptive title indicating the purpose of the motion)

1.---------------------------------------------------------------------

(The name of the investigating authority or the interested person

filing this notice of motion)

2.--------------------------------------------------------------------

(The name of counsel for the investigating authority or the

interested person, if any)

3.---------------------------------------------------------------------

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

(The service address, as defined by Rule 3 of the Article 1904 Panel

Rules, including facsimile number, if any)

4.---------------------------------------------------------------------

(The telephone number of the counsel for the investigating authority

or the interested person or the telephone number of the interested

person, if not represented by counsel)

5. Statement of the precise relief requested

6. Statement of the grounds to be argued, including references to

any rule, point of law, or legal authority to be relied on

7. Arguments in support of the motion, including references to

evidence in the administrative record by page and, where

practicable, by line

8. Draft order attached (see Rule 63 and Form (6))

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

Date

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

Signature of Counsel (or interested person, if not represented by

counsel)

Form (6)

Article 1904 Binational Panel Review Pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Order

Upon consideration of the motion for____________, (relief

requested), filed on behalf of ____________, (participant filing

motion), and upon all other papers and proceedings herein, it is

hereby ORDERED that the motion is ____________

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

Issue Date

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

panelist name

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

panelist name

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

panelist name

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

panelist name

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

panelist name

Form (7)

Article 1904 Binational Panel Review Pursuant to the United States-

Canada Free Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No.

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

Notice of Final Panel Action

Under the direction of the panel, pursuant to rule 79A of the

Article 1904 Panel Rules, NOTICE is hereby given that the panel has

taken its final action in the above-referenced matter.

This Notice is effective on ____________.

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

Issue Date

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

Signature of the Responsible Secretary

Dated: January 25, 1994.

Timothy J. Hauser,

Deputy Under Secretary for International Trade.

[FR Doc. 94-2782 Filed 2-3-94; 1:06 pm]

BILLING CODE 3510-GT-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.