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Applicants Sought for NAFTA Binational Panel Members to Review AD/CV Disputes

Monday, October 26, 2015
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is seeking applications from those interested in being included on a roster of individuals who may be called to serve on NAFTA binational panels that review antidumping and countervailing issues. Applications for membership on the so-called Chapter 19 roster during the period April 1, 2016, through March 31, 2017, are due no later than Nov. 20.

Article 1904 of NAFTA provides that a party involved in an AD or CV proceeding may obtain review by a binational panel of a final AD or CV determination of one NAFTA party with respect to the products of another. Binational panels decide whether such determinations are in accordance with the domestic laws of the importing party and must use the standard of review that would have been applied by a domestic court of the importing party. A panel may uphold the determination or remand it to the national administering authority for action consistent with the panel’s decision.

Chapter 19 roster members must be citizens of a NAFTA country, must be of good character and high standing and repute, and are to be chosen strictly on the basis of their objectivity, reliability, sound judgment and general familiarity with international trade law. Aside from judges, roster members may not be affiliated with any of the three NAFTA countries. U.S. law provides that to the fullest extent practicable judges and former judges who meet these requirements should be selected.

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