80 FR 64475 - North American Free Trade Agreement; Invitation for Applications for Inclusion on the Chapter 19 Roster

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range		64475-64476
FR Document		2015-26936

Chapter 19 of the North American Free Trade Agreement (``NAFTA'') provides for the establishment of a roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (``AD/CVD'') proceedings and amendments to AD/CVD statutes of a NAFTA Party. The United States annually renews its selections for the Chapter 19 roster. Applications are invited from eligible individuals wishing to be included on the roster for the period April 1, 2016, through March 31, 2017.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64475-64476]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-26936]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

North American Free Trade Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

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SUMMARY: Chapter 19 of the North American Free Trade Agreement
(``NAFTA'') provides for the establishment of a roster of individuals
to serve on binational panels convened to review final determinations
in antidumping or countervailing duty (``AD/CVD'') proceedings and
amendments to AD/CVD statutes of a NAFTA Party. The United States
annually renews its selections for the Chapter 19 roster. Applications
are invited from eligible individuals wishing to be included on the
roster for the period April 1, 2016, through March 31, 2017.

DATES: Applications should be received no later than November 20, 2015.

ADDRESSES: Applications should be submitted (i) electronically to
www.regulations.gov, docket number USTR-2015-0017 or (ii) by fax, to
Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Katherine Wang, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395-
6214.

SUPPLEMENTARY INFORMATION:

Binational Panel Reviews Under NAFTA Chapter 19

Article 1904 of the NAFTA provides that a party involved in an AD/
CVD proceeding may obtain review by a binational panel of a final AD/
CVD determination of one NAFTA Party with respect to the products of
another NAFTA Party. Binational panels decide whether such AD/CVD
determinations are in accordance with the domestic laws of the
importing NAFTA Party, and must use the standard of review that would
have been applied by a domestic court of the importing NAFTA Party. A
panel may uphold the AD/CVD determination, or may remand it to the
national administering authority for action not inconsistent with the
panel's decision. Panel decisions may be reviewed in specific
circumstances by a three-member extraordinary challenge committee,
selected from a separate roster composed of fifteen current or former
judges.
Article 1903 of the NAFTA provides that a NAFTA Party may refer an
amendment to the AD/CVD statutes of another NAFTA Party to a binational
panel for a declaratory opinion as to whether the amendment is
inconsistent with the General Agreement on Tariffs and Trade
(``GATT''), the GATT Antidumping or Subsidies Codes, successor
agreements, or the object and purpose of the NAFTA with regard to the
establishment of fair and predictable conditions for the liberalization
of trade. If the panel finds that the amendment is inconsistent, the
two NAFTA Parties shall consult and seek to achieve a mutually
satisfactory solution.

Chapter 19 Roster and Composition of Binational Panels

Annex 1901.2 of the NAFTA provides for the maintenance of a roster
of at least 75 individuals for service on Chapter 19 binational panels,
with each NAFTA Party selecting at least 25 individuals. A separate
five-person panel is formed for each review of a final AD/CVD
determination or statutory amendment. To form a panel, the two NAFTA
Parties involved each appoint two panelists, normally by drawing upon
individuals from the roster. If the Parties cannot agree upon the fifth
panelist, one of the Parties, decided by lot, selects the fifth
panelist from the roster. The majority of individuals on each panel
must consist of lawyers in good standing, and the chair of the panel
must be a lawyer.
Upon each request for establishment of a panel, roster members from
the two involved NAFTA Parties will be requested to complete a
disclosure form, which will be used to identify possible conflicts of
interest or appearances thereof. The disclosure form requests
information regarding financial interests and affiliations, including
information regarding the identity of clients of the roster member and,
if applicable, clients of the roster member's firm.

Criteria for Eligibility for Inclusion on Chapter 19 Roster

Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as
amended (19 U.S.C. 3432)) (``Section 402'') provides that selections by
the United States of individuals for inclusion on the Chapter 19 roster
are to be based on the eligibility criteria set out in Annex 1901.2 of
the NAFTA, and without regard to political affiliation. Annex 1901.2
provides that Chapter 19 roster members must be citizens of a NAFTA
Party, must be of good character and of 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 Parties. Section 402 also provides that, to the
fullest extent practicable, judges and former judges who meet the
eligibility requirements should be selected.

Adherence to the NAFTA Code of Conduct for Binational Panelists

The ``Code of Conduct for Dispute Settlement Procedures Under
Chapters 19 and 20'' (see https://www.nafta-sec-alena.org/Default.aspx?tabid=99&language=en-US), which was established pursuant
to Article 1909 of the NAFTA, provides that current and former Chapter
19 roster members ``shall avoid impropriety and the appearance of
impropriety and shall observe high standards of conduct so that the
integrity and impartiality of the dispute settlement process is
preserved.'' The Code of Conduct also provides that candidates to serve
on chapter 19 panels, as well as those who are ultimately selected to
serve as panelists, have an obligation to ``disclose any interest,
relationship or matter that is likely to affect [their] impartiality or
independence, or that might reasonably create an appearance of
impropriety or an apprehension of bias.'' Annex 1901.2 of the NAFTA
provides that roster members may engage in other business while serving
as panelists, subject to the Code of Conduct and provided that such
business does not interfere with the performance of the panelist's
duties. In particular, Annex 1901.2 states that ``[w]hile acting as a
panelist, a panelist may not appear as counsel before another panel.''

Procedures for Selection of Chapter 19 Roster Members

Section 402 establishes procedures for the selection by the Office
of the United

[[Page 64476]]

States Trade Representative (``USTR'') of the individuals chosen by the
United States for inclusion on the Chapter 19 roster. The roster is
renewed annually, and applies during the one-year period beginning
April 1 of each calendar year.
Under Section 402, an interagency committee chaired by USTR
prepares a preliminary list of candidates eligible for inclusion on the
Chapter 19 Roster. After consultation with the Senate Committee on
Finance and the House Committee on Ways and Means, the U.S. Trade
Representative selects the final list of individuals chosen by the
United States for inclusion on the Chapter 19 roster.

Remuneration

Roster members selected for service on a Chapter 19 binational
panel will be remunerated at the rate of 800 Canadian dollars per day.

Applications

Eligible individuals who wish to be included on the Chapter 19
roster for the period April 1, 2016, through March 31, 2017, are
invited to submit applications. Applications may be submitted either by
fax to Sandy McKinzy at 202-395-3640 or electronically to
www.regulations.gov, docket number USTR-2015-0017.
To submit an application via www.regulations.gov, enter docket
number USTR-2015-0017 on the home page and click ``search.'' The site
will provide a search-results page listing all documents associated
with this docket. Find a reference to this notice by selecting
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``Comment Now!.'' (For
further information on using the www.regulations.gov Web site, please
consult the resources provided on the Web site by clicking on the ``How
to Use Regulations.gov'' on the bottom of the page.)
The www.regulations.gov site provides the option of providing
comments by filling in a ``Type Comment'' field or by attaching a
document. USTR prefers applications to be provided in an attached
document. If a document is attached, please type ``Application for
Inclusion on NAFTA Chapter 19 Roster'' in the ``Upload File'' field.
Applications must be typewritten, and should be headed
``Application for Inclusion on NAFTA Chapter 19 Roster.'' Applications
should include the following information, and each section of the
application should be numbered as indicated:
1. Name of the applicant.
2. Business address, telephone number, fax number, and email
address.
3. Citizenship(s).
4. Current employment, including title, description of
responsibility, and name and address of employer.
5. Relevant education and professional training.
6. Spanish language fluency, written and spoken.
7. Post-education employment history, including the dates and
addresses of each prior position and a summary of responsibilities.
8. Relevant professional affiliations and certifications,
including, if any, current bar memberships in good standing.
9. A list and copies of publications, testimony, and speeches, if
any, concerning AD/CVD law. Judges or former judges should list
relevant judicial decisions. Only one copy of publications, testimony,
speeches, and decisions need be submitted.
10. Summary of any current and past employment by, or consulting or
other work for, the Governments of the United States, Canada, or
Mexico.
11. The names and nationalities of all foreign principals for whom
the applicant is currently or has previously been registered pursuant
to the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the
dates of all registration periods.
12. List of proceedings brought under U.S., Canadian, or Mexican
AD/CVD law regarding imports of U.S., Canadian, or Mexican products in
which the applicant advised or represented (for example, as consultant
or attorney) any U.S., Canadian, or Mexican party to such proceeding
and, for each such proceeding listed, the name and country of
incorporation of such party.
13. A short statement of qualifications and availability for
service on Chapter 19 panels, including information relevant to the
applicant's familiarity with international trade law and willingness
and ability to make time commitments necessary for service on panels.
14. On a separate page, the names, addresses, telephone and fax
numbers of three individuals willing to provide information concerning
the applicant's qualifications for service, including the applicant's
character, reputation, reliability, judgment, and familiarity with
international trade law.

Current Roster Members and Prior Applicants

Current members of the Chapter 19 roster who remain interested in
inclusion on the Chapter 19 roster only need to indicate that they are
reapplying and submit updates (if any) to their applications on file.
Current members do not need to resubmit their applications. Individuals
who have previously applied but have not been selected must submit new
applications to reapply. If an applicant, including a current or former
roster member, has previously submitted materials referred to in item
9, such materials need not be resubmitted.

Public Disclosure

Applications normally will not be subject to public disclosure and
will not be posted publicly on www.regulations.gov. They may be
referred to other federal agencies and Congressional Committees in the
course of determining eligibility for the roster, and shared with
foreign governments and the NAFTA Secretariat in the course of panel
selection.

False Statements

Pursuant to section 402(c)(5) of the NAFTA Implementation Act,
false statements by applicants regarding their personal or professional
qualifications, or financial or other relevant interests that bear on
the applicants' suitability for placement on the Chapter 19 roster or
for appointment to binational panels, are subject to criminal sanctions
under 18 U.S.C. 1001.

Privacy Act

The following statements are made in accordance with the Privacy
Act of 1974, as amended (5 U.S.C. 552a). The authority for requesting
information to be furnished is section 402 of the NAFTA Implementation
Act. Provision of the information requested above is voluntary;
however, failure to provide the information will preclude your
consideration as a candidate for the NAFTA Chapter 19 roster. This
information is maintained in a system of records entitled ``Dispute
Settlement Panelists Roster.'' Notice regarding this system of records
was published in the Federal Register on November 30, 2001. The
information provided is needed, and will be used by USTR, other federal
government trade policy officials concerned with NAFTA dispute
settlement, and officials of the other NAFTA Parties to select well-
qualified individuals for inclusion on the Chapter 19 roster and for
service on Chapter 19 binational panels.

Juan A. Mill[aacute]n,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2015-26936 Filed 10-22-15; 8:45 am]
BILLING CODE 3290-F6-P

Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices 64475

Percent are in accordance with the domestic Criteria for Eligibility for Inclusion on
laws of the importing NAFTA Party, and Chapter 19 Roster
For Economic Injury: must use the standard of review that
Non-Profit Organizations Without
Section 402 of the NAFTA
would have been applied by a domestic Implementation Act (Pub. L. 103–182,
Credit Available Elsewhere ....... 2.625
court of the importing NAFTA Party. A as amended (19 U.S.C. 3432)) (‘‘Section
The number assigned to this disaster panel may uphold the AD/CVD 402’’) provides that selections by the
for physical damage is 14501B and for determination, or may remand it to the United States of individuals for
economic injury is 14502B. national administering authority for inclusion on the Chapter 19 roster are to
action not inconsistent with the panel’s be based on the eligibility criteria set
(Catalog of Federal Domestic Assistance
decision. Panel decisions may be out in Annex 1901.2 of the NAFTA, and
Numbers 59002 and 59008)
reviewed in specific circumstances by a without regard to political affiliation.
James E. Rivera, three-member extraordinary challenge Annex 1901.2 provides that Chapter 19
Associate Administrator for Disaster committee, selected from a separate roster members must be citizens of a
Assistance. roster composed of fifteen current or NAFTA Party, must be of good character
[FR Doc. 2015–26902 Filed 10–22–15; 8:45 am] former judges. and of high standing and repute, and are
BILLING CODE 8025–01–M to be chosen strictly on the basis of their
Article 1903 of the NAFTA provides
objectivity, reliability, sound judgment,
that a NAFTA Party may refer an
and general familiarity with
amendment to the AD/CVD statutes of international trade law. Aside from
OFFICE OF THE UNITED STATES another NAFTA Party to a binational
TRADE REPRESENTATIVE judges, roster members may not be
panel for a declaratory opinion as to affiliated with any of the three NAFTA
North American Free Trade whether the amendment is inconsistent Parties. Section 402 also provides that,
Agreement; Invitation for Applications with the General Agreement on Tariffs to the fullest extent practicable, judges
for Inclusion on the Chapter 19 Roster and Trade (‘‘GATT’’), the GATT and former judges who meet the
Antidumping or Subsidies Codes, eligibility requirements should be
AGENCY: Office of the United States successor agreements, or the object and selected.
Trade Representative. purpose of the NAFTA with regard to
ACTION: Invitation for applications. the establishment of fair and predictable Adherence to the NAFTA Code of
Conduct for Binational Panelists
SUMMARY: Chapter 19 of the North conditions for the liberalization of trade.
American Free Trade Agreement If the panel finds that the amendment is The ‘‘Code of Conduct for Dispute
(‘‘NAFTA’’) provides for the inconsistent, the two NAFTA Parties Settlement Procedures Under Chapters
establishment of a roster of individuals shall consult and seek to achieve a 19 and 20’’ (see https://www.nafta-sec-
to serve on binational panels convened mutually satisfactory solution. alena.org/
to review final determinations in Default.aspx?tabid=99&language=en-
Chapter 19 Roster and Composition of US), which was established pursuant to
antidumping or countervailing duty Binational Panels
(‘‘AD/CVD’’) proceedings and Article 1909 of the NAFTA, provides
amendments to AD/CVD statutes of a that current and former Chapter 19
Annex 1901.2 of the NAFTA provides roster members ‘‘shall avoid
NAFTA Party. The United States for the maintenance of a roster of at least
annually renews its selections for the impropriety and the appearance of
75 individuals for service on Chapter 19 impropriety and shall observe high
Chapter 19 roster. Applications are binational panels, with each NAFTA
invited from eligible individuals standards of conduct so that the
Party selecting at least 25 individuals. A integrity and impartiality of the dispute
wishing to be included on the roster for separate five-person panel is formed for
the period April 1, 2016, through March settlement process is preserved.’’ The
each review of a final AD/CVD Code of Conduct also provides that
31, 2017. determination or statutory amendment. candidates to serve on chapter 19
DATES: Applications should be received To form a panel, the two NAFTA Parties panels, as well as those who are
no later than November 20, 2015. involved each appoint two panelists, ultimately selected to serve as panelists,
ADDRESSES: Applications should be normally by drawing upon individuals have an obligation to ‘‘disclose any
submitted (i) electronically to from the roster. If the Parties cannot interest, relationship or matter that is
www.regulations.gov, docket number agree upon the fifth panelist, one of the likely to affect [their] impartiality or
USTR–2015–0017 or (ii) by fax, to Parties, decided by lot, selects the fifth independence, or that might reasonably
Sandy McKinzy at (202) 395–3640. panelist from the roster. The majority of create an appearance of impropriety or
FOR FURTHER INFORMATION CONTACT: individuals on each panel must consist an apprehension of bias.’’ Annex 1901.2
Katherine Wang, Assistant General of lawyers in good standing, and the of the NAFTA provides that roster
Counsel, Office of the United States chair of the panel must be a lawyer. members may engage in other business
Trade Representative, (202) 395–6214. while serving as panelists, subject to the
SUPPLEMENTARY INFORMATION:
Upon each request for establishment Code of Conduct and provided that such
of a panel, roster members from the two business does not interfere with the
Binational Panel Reviews Under involved NAFTA Parties will be performance of the panelist’s duties. In
NAFTA Chapter 19 requested to complete a disclosure form, particular, Annex 1901.2 states that
which will be used to identify possible
mstockstill on DSK4VPTVN1PROD with NOTICES

Article 1904 of the NAFTA provides ‘‘[w]hile acting as a panelist, a panelist
that a party involved in an AD/CVD conflicts of interest or appearances may not appear as counsel before
proceeding may obtain review by a thereof. The disclosure form requests another panel.’’
binational panel of a final AD/CVD information regarding financial interests
determination of one NAFTA Party with and affiliations, including information Procedures for Selection of Chapter 19
respect to the products of another regarding the identity of clients of the Roster Members
NAFTA Party. Binational panels decide roster member and, if applicable, clients Section 402 establishes procedures for
whether such AD/CVD determinations of the roster member’s firm. the selection by the Office of the United

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Document Created: 2015-12-14 15:32:06
Document Modified: 2015-12-14 15:32:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Invitation for applications.
Dates		Applications should be received no later than November 20, 2015.
Contact		Katherine Wang, Assistant General Counsel, Office of the United States Trade Representative, (202) 395- 6214.
FR Citation		80 FR 64475