The International Trade Commission has issued a final rule that, effective April 10, makes the following technical amendments to its rules on safeguard actions and antidumping and countervailing injury proceedings to conform with changes made by the U.S.-Mexico-Canada Agreement.
- retains without substantive change the global safeguard procedures established under NAFTA (including a requirement for the ITC to determine whether imports from Canada and/or Mexico “account for a substantial share of imports” and “contribute importantly to the serious injury caused by U.S. imports” when it finds that global imports are causing or threatening to cause serious injury to a domestic industry);
- retains the NAFTA mechanism for establishing binational panels to resolve disputes regarding antidumping and countervailing duty cases, largely maintains the NAFTA rules of practice and procedure concerning the protection of business proprietary information, and updates certain provisions consistent with ITC practice regarding electronic filing; and
- deletes references to U.S.-Canada and U.S.-Mexico bilateral safeguard actions, which were repealed by the USMCA.
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