North American Free Trade Agreement: Rules of Procedure for Article 1904 Binational Panel Reviews

Federal RegisterFeb 23, 1994

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SUMMARY: Canada, Mexico, and the United States have negotiated the

rules of procedure for Article 1904 binational panel reviews. These

rules apply to binational panel proceedings conducted pursuant to

Article 1904 of the North American Free Trade Agreement.

EFFECTIVE DATE: January 1, 1994, the date of the entry into force of

the North American Free Trade Agreement (``Agreement''). These Rules of

Procedure shall apply to all binational panel proceedings under the

Agreement commenced on or after the effective date.

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, or

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

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

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

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-

5438; fax: (202) 482-0148.

SUPPLEMENTARY INFORMATION:

Background

Chapter Nineteen of the North American Free Trade Agreement

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

of final antidumping and countervailing duty determinations involving

imports from Canada, Mexico, 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 North American Free Trade Agreement Implementation

Act of 1993, Public Law No. 103-182, 107 Stat. 2057, amends United

States law to implement Chapter Nineteen of the Agreement.

The NAFTA 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. These rules are the result of negotiations among Canada,

Mexico, and the United States in compliance with the terms of the

Agreement, and are derived in large part from the Article 1904 Panel

Rules under the United States-Canada Free Trade Agreement.

North American Free Trade Agreement

Rules of Procedure for Article 1904 Binational Panel Reviews

Content

Preamble

Rule

1. Short Title

2. Statement of General Intent

3. Definitions and 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

36. Joint Panel Reviews

39. Complaint

40. Notice of Appearance

41. Record for Review

Part III--Panels

42. Announcement of Panel

43. Violation of Code of Conduct

Part IV--Proprietary and Privileged Information

44. Filing or Service under Seal

46. Proprietary Information Access Orders

52. Privileged Information

54. Violations of Proprietary Information Access Applications or

Orders

Part V--Written Proceedings

55. Form and Content of Pleadings

57. Filing of Briefs

58. Failure to File Briefs

59. Content of Briefs and Appendices

60. Appendix to the Briefs

61. Motions

Part VI--Oral Proceedings

65. Location

66. Pre-hearing Conference

67. Oral Argument

68. Subsequent Authorities

69. Oral Proceedings in Camera

Part VII--Decisions and Completions of Panel Reviews

70. Orders, Decisions and Terminations

73. Panel Review of Action on Remand

75. Re-examination of Orders and Decisions

Part VIII--Completion of Panel Review

81. Stays and Suspensions

Schedule--Procedural Forms

Preamble

The Parties,

Having regard to Chapter Nineteen of the North American Free Trade

Agreement between Canada, the United Mexican States and the United

States of America;

Acting pursuant to Article 1904.14 of the Agreement;

Adopt the following Rules of Procedure, which shall come into force

on the same day as the Agreement enters into force and 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 NAFTA Article 1904 Panel Rules.

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 inconsistency between the provisions of

these rules and the Agreement, the Agreement shall prevail.

Definitions and Interpretation

3. In these rules,

``Agreement'' means the North American Free Trade Agreement;

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

Parties pursuant to Article 1909 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

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

of Canada,

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

Mexico, a person entitled to appear as counsel before the Tribunal

Fiscal de la Federacion, and

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

federal court in the United States;

``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;

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

decision within the meaning of subsection 77.01(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 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,

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

Mexico, information the disclosure of which is prohibited under the

laws and regulations of Mexico, including

(i) data, statistics and documents referring to national security

and strategic activities for scientific and technological development,

and

(ii) information contained in government-to-government

correspondence that is transmitted in confidence, and

the United States, information classified in accordance with Executive

Order No. 12065 or its successor;

``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 Proprietary Information Access Order, any person

authorized by the investigating authority;

``involved Secretariat'' means the section of the Secretariat

located in the country of an involved Party;

``legal holiday'' means

(a) 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,

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

Saturday and Sunday, New Year's Day (January 1), Constitution Day

(February 5), Benito Juarez's Birthday (March 21), Labor Day (May 1),

Battle of Puebla (May 5), Independence Day (September 16),

Congressional Opening Day (November 1), Revolution Day (November 20),

Transmission of the Federal Executive Branch (every six years on

December 1), Christmas Day (December 25), any day designated as a

statutory holiday by the Federal Laws or, in the case of Ordinary

Elections, by the Local Electoral Laws and any day on which the offices

of the Mexican Section of the Secretariat are officially closed in

whole or in part, and

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 or the offices of the United

States Section of the Secretariat are officially closed in whole or in

part;

``Mexico'' means the United Mexican States;

``official publication'' means

(a) in the case of the Government of Canada, the Canada Gazette;

(b) in the case of the Government of Mexico, the Diario Oficial de

la Federacion, and

``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, the Government of Mexico

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 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

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,

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

Mexico,

(i) information of the investigating authority that is subject to

attorney-client privilege under the laws of Mexico, or

(ii) internal communications between officials of the Secretaria de

Comercio y Fomento Industrial in charge of antidumping and

countervailing duty investigations or communications between those

officials and other government officials, where those communications

constitute part of the deliberative process with respect to the final

determination, and

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;

``proof of service'' means

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

Canada or Mexico,

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

served, the 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 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, and

(b) 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;

``proprietary information'' means

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

Canada, information referred to in subsection 84(3) of the Special

Import Measures Act, as amended, or subsection 45(3) of the Canadian

International Trade Tribunal Act, as amended, 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,

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

Mexico, informacion confidencial, as defined under article 80 of the

Ley de Comercio Exterior and its regulations, and

the United States, business proprietary information under section

777(f) of the Tariff Act of 1930, as amended, and any regulations made

under that Act;

``Proprietary Information Access Application'' means

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

Canada, a disclosure undertaking in the prescribed form, which form

(i) in respect of a final determination by the Deputy Minister, is

available from the Deputy Minister, and

(ii) in respect of a final determination by the Tribunal, is

available from the Tribunal,

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

Mexico, a disclosure undertaking in the prescribed form, which form is

available from the Secretaria de Comercio y Fomento Industrial, and

the United States, a Protective Order Application

(i) in respect 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

(ii) in respect 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;

``Proprietary Information Access Order'' means

(a) in the case of Canada, a Disclosure Order issued by the Deputy

Minister or the Tribunal pursuant to a Proprietary Information Access

Application,

(b) in the case of Mexico, a Disclosure Order issued by the

Secretaria de Comercio y Fomento Industrial pursuant to a Proprietary

Information Access Application, and

the International Trade Administration of the United States Department

of Commerce or the United States International Trade Commission

pursuant to a Proprietary Information Access Application;

``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 2002 of the Agreement;

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

the Secretariat, the Secretary of the Mexican Section of the

Secretariat or the Secretary of the Canadian Section of the Secretariat

and includes any person authorized to act on behalf of that 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 participant 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 participant in a Request for Panel

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

participant may be served, including any facsimile number submitted

with that address, or

participant, the address set out as the new 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 Canada, a list

comprising the other involved Party 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 or importers of goods of the country of the other

involved Party 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 or importers of

goods of the country of the other involved Party, 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 country of the other involved Party,

and

(b) where the final determination was made in Mexico or the United

States, the list, maintained by the investigating authority of persons

who have been served in the proceedings leading to the final

determination;

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

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

``United States'' means the United States of America.

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

Annex 1911 to Chapter Nineteen 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

9:00 a.m. to 5:00 p.m. on each weekday other than

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

legal holidays of that Section;

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

holidays of that Section; and

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, including, if required,

interpreters to provide simultaneous translation.

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 42, 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 responsible 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 involved

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

publish a notice or other document in the official publications of the

involved Parties, the responsible Secretary and the other involved

Secretary shall cause the notice or other document to be published in

the official 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 Proprietary

Information Access Application with each of the Deputy Minister, the

Tribunal, the Secretaria de Comercio y Fomento Industrial, 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 Proprietary Information Access Application in accordance with

subrule (1), the appropriate investigating authority shall issue to the

Secretary or to the member a Proprietary Information Access Order.

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

authority one original, and any additional copies required by the

investigating authority, of every Proprietary Information Access

Application and any amendments or modifications thereto, filed by a

panelist, assistant to a panelist, court reporter, interpreter or

translator pursuant to rule 47.

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

assistant to a panelist, court reporter, interpreter and translator,

before taking up duties in a panel review, files with the responsible

Secretariat a copy of a Proprietary Information Access Order.

15. Where a document containing proprietary information or

privileged information is filed with the responsible Secretariat, each

involved Secretary shall ensure that

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

accordance with the terms of any applicable Proprietary Information

Access Order;

(b) the inner 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 Proprietary Information Access 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 52, if the persons have filed with the

responsible Secretariat a Proprietary Information Access 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 Proprietary Information Access 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 52, 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

involved Secretariats 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 no later than the tenth day prior to the last day of

the time period. Any response to the Notice of Motion shall be filed no

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 subrule 46(1), rule 47 and subrules 52(3) and

73(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) The responsible Secretariat shall accept, date and time stamp

and place in the appropriate file every document submitted to the

responsible Secretariat.

(3) 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; and

granted to panelists, assistants to panelists, court reporters,

interpreter or translators and any amendments or modifications thereto

or notices of revocation thereof, 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 expedited delivery courier or expedited

mail service.

(4) A document containing proprietary information or privileged

information shall be filed and served under seal in accordance with

rule 44, 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 Proprietary Information

Access Order or an 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 Proprietary

Information Access 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 Canada, publish a

notice to that effect in the Canada Gazette and serve a Notice of

Intent to Commence Judicial Review on both involved Secretaries and on

all persons listed on the service list; and

(b) where the final determination was made in Mexico or the United

States, within 20 days after the date referred to in subrule (3) (b) or

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

(i) both involved Secretaries,

(ii) the investigating authority, and

(iii) 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 of the

Secretariat 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 55(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, if the final determination was published in an official

publication, the appropriate citation, including the date of

publication; and

received by the other Party if the final determination was not

published in an official publication.

Request for Panel Review

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

the requirements of

(a) section 77.011 or 96.21 of the Special Import Measures Act, as

amended, and any regulations made thereunder;

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

regulations made thereunder;

Agreement Implementation Act and any regulations made thereunder; or

(d) articles 97 and 98 of the Ley de Comercio Exterior and its

regulations.

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

information (model form provided in the Schedule):

(a) the information set out in subrule 55(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, if the final determination was published in an official

publication, the appropriate citation;

received by the other Party if the final determination was not

published in an official publication;

(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, the

responsible Secretary shall

(a) forthwith forward a copy of the Request to the other involved

Secretary;

(b) forthwith inform the other involved 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, the

responsible Secretary shall forthwith publish a notice of that Request

in the official publications of the involved Parties, stating that a

Request for Panel Review has been received and specifying 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. (1) Subject to rule 37, where

(a) a panel is established to review a final determination made

under paragraph 41(1)(a) of the Special Import Measures Act, as

amended, with respect to particular goods of the United States or

Mexico and a Request for Panel Review of a final determination made

under subsection 43(1) of that Act with respect to those goods is

filed, or

(b) 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,

with respect to particular goods of Canada or Mexico and a Request for

Panel Review of a final determination made under section 705(b) or

735(b) of that Act with respect to those goods is filed,

within 10 days after that Request is filed, a participant in the former

panel review, the investigating authority in the latter panel review or

an interested person listed in the service list of the latter panel

review may file a motion in the former panel review requesting that

both final determinations be reviewed jointly by one panel.

(2) Any participant in the former panel review, the investigating

authority in the latter panel review or an interested person listed in

the service list of the latter panel review who certifies an intention

to become a participant in the latter panel review may, within 10 days

after a motion is filed under subrule (1), file an objection to the

motion, in which case the motion shall be deemed to be denied and

separate panel reviews shall be held.

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

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

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

of the United States or Mexico and a Request for Panel Review of a

negative final determination made under subsection 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 or

Mexico 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 36 or 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 to the joint review, commencing with the date fixed for filing

briefs pursuant to rule 57.

(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 paragraph 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 36 or 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 55(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 no later than 20 days

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

subrule 57(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 57(1),

the motion shall be deemed to be denied.

Notice of Appearance

40. (1) Within 45 days after the filing of a first Request for

Panel Review of a final determination, the investigating authority and

any other interested person who 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 subrule 55(1);

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

entitlement to file a Notice of Appearance under this rule;

investigating authority, any admissions with respect to the allegations

set out in the Complaints;

(d) a statement as to whether appearance is made

(i) in support of some or all of the allegations set out in a

Complaint under subrule 39(2)(b),

(ii) in opposition to some or all of the allegations set out in a

Complaint under subrule 39(2)(b), or

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

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

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

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)(b) and (1)(d) (ii) or (iii).

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 44.

(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 responsible

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.

Part III--Panels

Announcement of Panel

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

Secretary shall notify the participants and the other involved

Secretary of the names of the panelists.

Violation of Code of Conduct

43. Where a participant 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 involved Secretary and the involved Parties of the allegations.

Part IV--Proprietary Information and Privileged Information

Filing or Service Under Seal

44. (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 56.

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

(a) bound separately from all other documents;

(b) clearly marked

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

Canada,

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

``Proprietary'', ``Confidential'', ``De nature exclusive'' or

``Confidentiel'', and

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

``Privileged'' or ``Protege'',

(ii) with respect to a panel review of a final determination made

in Mexico,

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

``Confidencial'', and

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

``Privilegiada'', and

(iii) with respect to a panel review of a final determination made

in the United States,

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

``Proprietary'', and

(B) 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.

45. 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.

Proprietary Information Access Orders

46. (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

Proprietary Information Access 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 Proprietary Information Access Application referred to in

subrule (1) shall be served

(a) where the Proprietary Information Access 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).

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

interpreter and translator shall, before taking up duties in a panel

review, provide to the responsible Secretary a Proprietary Information

Access Application.

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

interpreter or translator who amends or modifies a Proprietary

Information Access Application shall provide the responsible

Secretariat with a copy of the amendment or modification.

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

14(1), a Proprietary Information Access Application or an amendment or

modification thereto, the investigating authority shall issue a

Proprietary Information Access Order, amendment or modification

accordingly.

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

Proprietary Information Access Application is filed in accordance with

subrule 46(1), serve on the person who filed the Proprietary

Information Access Application

(a) a Proprietary Information Access Order; or

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

Proprietary Information Access Order is not issued.

49. (1) Where

(a) an investigating authority refuses to issue a Proprietary

Information Access 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 Proprietary Information

Access 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 Proprietary Information Access Order should be issued or that

the terms of a Proprietary Information Access 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.

50. (1) Where a Proprietary Information Access Order is issued to a

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

Secretariat a copy of the Proprietary Information Access Order.

(2) Where a Proprietary Information Access 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.

51. Where a Proprietary Information Access 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

52. (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) 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 the country of one involved Party and the other of whom

shall be a lawyer who is a citizen of the country of the other involved

Party.

(5) The two panelists selected under subrule (4) shall

(a) examine the document in camera; and

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

(6) The decision referred to in subrule (5)(b) shall be issued as

an order of the panel.

(7) Where the two panelists selected under subrule (4) 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.

(8) Where an order referred to in subrule (6) or (7) 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.

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

States, where, pursuant to rule 52, 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,

interpreters 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 NAFTA 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

Access Order with respect to that document in accordance with the order

of the panel.

Violations of Proprietary Information Access Applications or Orders

54. Where a person alleges that the terms of a Proprietary

Information Access Application or of a Proprietary Information Access

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 77.034 of the

Special Import Measures Act, as amended, section 777(f) of the Tariff

Act of 1930, as amended, or article 93 of the Ley de Comercio Exterior.

Part V--Written Proceedings

Form and Content of Pleadings

55. (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 millimeters) 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 and

appendices 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.

56. (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 containing the proprietary information shall be filed

under seal and

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

Canada, shall be labelled ``Proprietary'', ``Confidential'',

``Confidentiel'' or ``De nature exclusive'', with the top of each page

that contains proprietary information marked with the word

``Proprietary'', ``Confidential'', ``Confidentiel'' or ``De nature

exclusive'' and with the proprietary information enclosed in brackets,

(ii) with respect to a panel review of a final determination made

in Mexico, shall be labelled ``Confidencial'', with the top of each

page that contains proprietary information marked with the word

``Confidencial'' and with the proprietary information enclosed in

brackets, and

(iii) with respect to a panel review of a final determination made

in the United States, shall be labelled ``Proprietary'',

with the top of each page that contains proprietary information marked

with the word ``Proprietary'' 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

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

Canada, shall be labelled ``Non-Proprietary'', ``Non-Confidential'',

``Non confidentiel'' or ``De nature non exclusive'',

(ii) with respect to a panel review of a final determination made

in Mexico, shall be labelled ``No-confidencial'', and

(iii) with respect to a panel review of a final determination made

in the United States, shall be labelled ``Non-Proprietary'', with each

page from which proprietary information has been deleted marked to

indicate 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 containing the privileged information shall be filed

under seal and

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

Canada, shall be labelled ``Privileged'' or ``Protege'', with the top

of each page that contains privileged information marked with the word

``Privileged'' or ``Protege'' and with the privileged information

enclosed in brackets,

(ii) with respect to a panel review of a final determination made

in Mexico, shall be labelled ``Privilegiada'', with the top of each

page that contains privileged information marked with the word

``Privilegiada'', and with the privileged information enclosed in

brackets, and

(iii) with respect to a panel review of a final determination made

in the United States, shall be 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

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

Canada, shall be labelled ``Non-Privileged'' or ``Non protege'',

(ii) with respect to a panel review of a final determination made

in Mexico, shall be labelled ``No-privilegiada'', and

(iii) with respect to a panel review of a final determination made

in the United States, shall be labelled ``Non-Privileged'',

with each page from which privileged information has been deleted

marked to indicate the location from which the privileged information

was deleted.

Filing of Briefs

57. (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)(d) (i) or (iii) shall file a brief, setting forth

grounds and arguments supporting 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)(d) (ii) or (iii) shall file a brief

setting forth grounds and arguments opposing allegations of a Complaint

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 the 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

58. (1) In respect of a panel review of a final determination made

in the United States or Canada, where a participant fails to file a

brief within the time period fixed and no motion pursuant to rule 20 is

pending, on a motion of another participant, the panel may order that

the participant who fails to file a brief 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) 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, pursuant to an order under subrule (2), 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 57(2), a panel may issue a decision

referred to in rule 72.

Content of Briefs and Appendices

59. (1) Every brief filed pursuant to subrule 57 (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 cited:

The table of authorities shall contain references to all treaties,

statutes and regulations cited, any cases primarily relied on in the

briefs, set out alphabetically, and all other documents referred to

except documents from the administrative record. The table of

authorities shall 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 57(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 57(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 57(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 57(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 57(3) shall include a

table of contents and a table of authorities, indicating those

principally relied upon in the argument.

Appendix to the Briefs

60. (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 documents referred to in the briefs

except documents from the administrative record.

(2) The appendix required under subrule 57(4) shall be compiled by

a participant who filed a brief under subrule 57(1) and who was so

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

who filed a brief under subrule 57(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 57(1). Each participant who filed a brief under subrule

57(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 57 (1) or (2).

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

all participants who file briefs.

Motions

61. (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.

62. Subject to subrules 20(2) and 76(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.

63. (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.

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

subrule 63(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

65. 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

66. (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

67. (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 57(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 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 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.

(5) Oral argument shall be limited to the issues in dispute.

Subsequent Authorities

68. (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

69. 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 Proprietary Information

Access 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

70. The responsible Secretary shall cause notice of every decision

of a panel issued pursuant to rule 72 to be published in the official

publications of the involved Parties.

71. (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.

72. 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

73. (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) In the case of a panel review of a final determination made in

Mexico, where a participant who fails to file a brief under rule 57

files a written submission pursuant to subrule (2) or (3), the

submission shall be disregarded by the panel.

(5) 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.

(6) Where a Determination on Remand is challenged, the panel shall

issue a written decision pursuant to rule 72, 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.

74. 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

75. 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.

76. (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

(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.

Part VIII--Completion of Panel Review

77. (1) Subject to subrule (2), when a panel issues:

(a) an order dismissing a panel review under subrule 58(3) or

71(1),

(b) a decision under rule 72 or subrule 73(6) 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 76(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.

78. If no Request for an Extraordinary Challenge Committee is

filed, the responsible Secretary shall publish a Notice of Completion

of Panel Review in the official publications of the involved Parties,

effective.

(a) on the day on which a panel is terminated pursuant to subrule

71(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.

79. Where a Request for an Extraordinary Challenge Committee has

been filed, the responsible Secretary shall publish a Notice of

Completion of Panel Review in the official publications of the involved

Parties, effective on the day after the day referred to in rule 64 or

subrule 65(a) of the NAFTA Extraordinary Challenge Committee Rules.

80. 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 65(b) of the NAFTA Extraordinary Challenge

Committee Rules.

Stays and Suspensions

81. Where a panelist becomes unable to fulfill 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.

82. Where a panelist is disqualified, dies or otherwise becomes

unable to fulfill panel duties, 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.

83. (1) A Party may make a request, pursuant to Article

1905.11(a)(ii) of the Agreement, that an ongoing panel review be stayed

by filing the request with the responsible Secretariat.

(2) A Party who files a request under subrule (1) shall forthwith

give written notice of the request to the other involved Party and to

the other involved Secretariat.

(3) On receipt of a request under subrule (1), the responsible

Secretary shall

(a) immediately give written notice of the stay of the panel review

to all participants in the panel review; and

(b) publish a notice of the stay of the panel review in the

official publications of the involved Parties.

84. On receipt of a report containing an affirmative finding with

respect to a ground specified in Article 1905.1 of the Agreement, the

responsible Secretary for panel reviews referred to in Article

1905.11(a)(i) of the Agreement shall

(a) immediately give notice in writing to all participants in those

reviews; and

(b) publish a notice of the affirmative finding in the official

publications of the involved Parties.

85. (1) A Party who intends to suspend the operation of Article

1904 of the Agreement pursuant to Article 1905.8 or 1905.9 of the

Agreement shall endeavour to give written notice of that intention to

the other involved Party and to the involved Secretaries at least five

days prior to the suspension.

(2) On receipt of a notice under subrule (1), the involved

Secretaries shall publish a notice of the suspension in the official

publications of the involved Parties.

Schedule--Procedural Forms

Forms (1) through (7) follow.

Form (1)

Article 1904 Binational Panel Review Pursuant to the North American

Free Trade Agreement

In the matter of:

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

(Title of Final Determination)

Notice of Intent to Commence Judicial Review

Pursuant to Article 1904 of the North American 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 NAFTA 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 NAFTA 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, Canada Gazette or Diario Oficial de la

Federacion); 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 North American

Free-Trade Agreement

In the matter of:

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

(Title of Panel Review)

Secretariat File No. __________

Request for Panel Review

Pursuant to Article 1904 of the North American 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 NAFTA 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 NAFTA 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, Canada Gazette or Diario Oficial de la

Federacion); 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 of the NAFTA Article 1904

Panel Rules, is attached.

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

Date

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

Signature of Counsel (or interested person, if not represented

by counsel)

Form (3)

Article 1904 Binational Panel Review Pursuant to the North American

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 NAFTA 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 of

the NAFTA Article 1904 Panel Rules)

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 of the NAFTA Article 1904 Panel Rules

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 North American

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 NAFTA 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 some or all of the allegations set out in a

Complaint;

______ in opposition to some or all of the allegations set out in

a Complaint; or

______ in support of some of the allegations set out in a

Complaint and in opposition to some of 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 of the NAFTA Article

1904 Panel Rules

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 North American

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 NAFTA 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 61 and Form (6) of the NAFTA

Article 1904 Panel Rules)

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

Date

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

Signature of Counsel (or interested person, if not represented

by counsel)

Form (6)

Article 1904 Binational Panel Review Pursuant to the North American

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 __________________________________,

and upon all

(participant filing motion)

other papers and proceedings herein, it is hereby Ordered that the

motion is ____________________

Issue Date-------------------------------------------------------------

Panelist name----------------------------------------------------------

Form (7)

Article 1904 Binational Panel Review Pursuant to the North American

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 77 of the

NAFTA 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: February 10, 1994.

Timothy J. Hauser,

Deputy Under Secretary for International Trade.

[FR Doc. 94-3928 Filed 2-22-94; 8:45 am]

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.