United States-Mexico-Canada Agreement: Rules of Procedure for Binational Panel Proceedings, Extraordinary Challenge Committee Proceedings, and Special Committee Proceedings, 10171-10211 [2023-03272]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10171-10211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03272]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


United States-Mexico-Canada Agreement: Rules of Procedure for 
Binational Panel Proceedings, Extraordinary Challenge Committee 
Proceedings, and Special Committee Proceedings

AGENCY: Office of the United States Trade Representative (USTR).

ACTION: Notice of rules of procedure for binational panel proceedings, 
extraordinary challenge committee proceedings, and special committee 
proceedings under the United States-Mexico-Canada Agreement (USMCA).

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SUMMARY: Canada, Mexico, and the United States have finalized the rules 
of procedure for binational panel proceedings, extraordinary challenge 
committee proceedings, and special committee proceedings under the 
USMCA.

DATES: Applicable as of July 1, 2020, the date USMCA entered into 
force. These rules of procedure apply to all binational panel 
proceedings, extraordinary challenge committee proceedings, and special 
committee proceedings commenced under USMCA.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
notice, contact Associate General Counsel Philip Butler or Assistant 
General Counsel Thor Petersen at (202) 395-5804. For procedural matters 
involving cases under review, contact Vidya Desai, United States 
Secretary, USMCA Secretariat, Room 2061, U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 
482-5438; email: mex-usa-sec.org">[email protected]mex-usa-sec.org.

SUPPLEMENTARY INFORMATION:

Background

    Article 10.12 of the USMCA 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 review final determinations to determine whether they 
are consistent with the antidumping or countervailing duty law of the 
importing country.
    Annex 10-B.3 of the USMCA establishes a mechanism for the formation 
of an extraordinary challenge committee to review the appeal of Article 
10.12 panel decisions under certain circumstances described in Article 
10.12.13 of the USMCA. Article 10.13 of the USMCA establishes a 
mechanism for special committees to review certain procedural 
allegations described in Article 10.13.1 of the USMCA. Section 504 of 
the United States-Mexico-Canada Agreement Implementation Act, Public 
Law 116-113, 134 Stat. 11, amended United States law to implement 
Chapter Ten of the USMCA. See, e.g., 19 U.S.C. 4581 et. seq.; see also 
19 CFR 356.1 et seq.
    The USMCA Rules of Procedure for Article 10.12, Annex 10-B.3, and 
Article 10.13 are intended to give effect to the provisions of Chapter 
Ten of the USMCA by setting forth the procedures for commencing, 
conducting, and completing reviews. These rules are the result of 
negotiations among Canada, Mexico, and the United States in compliance 
with the terms of the USMCA, and are derived in large part from the 
rules established under Chapter 19 of the North American Free Trade 
Agreement. The English versions of the rules of procedure under Article 
10.12 (Binational Panel Reviews) and

[[Page 10172]]

Article 10.13 (Special Committees) were adopted under Decision No. 2 of 
the Free Trade Commission, with French and Spanish versions adopted 
under Decision No. 4 of the Free Trade Commission. The English, French, 
and Spanish versions of the rules of procedure under Annex 10-B.3 
(Extraordinary Challenge Committees) were adopted under Decision No. 4 
of the Free Trade Commission.
    The USMCA Article 10.12, Annex 10-B.3, and Article 10.13 rules are 
reproduced in the annex to this notice. These rules are also available 
at: https://can-mex-usa-sec.org/.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the United States Trade Representative.

ANNEX

RULES OF PROCEDURE FOR ARTICLE 10.12 (BINATIONAL PANEL REVIEWS)

Part I: Initial Provisions and Definitions (Rules 1-10)

Application

    1. These Rules are established in accordance with Article 10.12.14 
(Review of Final Antidumping and Countervailing Duty Determinations) of 
the Agreement and apply to all panel reviews under Article 10.12 
(Review of Final Antidumping and Countervailing Duty Determinations) of 
the Agreement. These Rules will be published in Canada in the Canada 
Gazette, in Mexico in the Diario Oficial de la Federaci[oacute]n, and 
in the United States in the Federal Register.

Short Title

    2. These Rules may be cited as the Article 10.12 Binational Panel 
Rules.

Statement of General Intent

    3. These Rules are intended to give effect to the provisions of 
Chapter 10 (Trade Remedies) of the Agreement with respect to panel 
reviews conducted pursuant to Article 10.12 (Review of Final 
Antidumping and Countervailing Duty Determinations) 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 10.12 
(Review of Final Antidumping and Countervailing Duty Determinations) of 
the Agreement. If 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.
    4. In the event of any inconsistency between these Rules and the 
Agreement, the Agreement shall prevail.

Definitions and Interpretation

    5. For the purposes of these Rules,
    Agreement means the Agreement signed between Canada, Mexico, and 
the United States on November 30, 2018, as amended;
    Code of Conduct means the code of conduct established by the 
Parties pursuant to Article 10.17 (Code of Conduct) of the Agreement;
    complainant means a Party or interested person who files a 
Complaint pursuant to Rule 44;
    counsel means with respect to a panel review of a final 
determination made in:
    (a) Canada, a person entitled to appear as counsel before the 
Federal Court of Canada;
    (b) Mexico, a person entitled to appear as counsel before the 
Tribunal Federal de Justicia Administrativa; and
    (c) 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 26(1);
    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) if only one Request for Panel Review is filed for review of a 
final determination, that Request; and
    (b) if 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, with respect to a panel review of a 
final determination made in:
    (a) Canada, information:
    (i) the disclosure of which would be injurious to international 
relations or national defense 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) 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
    (c) 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, as defined in Article 10.8 (Definitions) of the Agreement, 
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, a person authorized by the 
investigating authority;
    involved Secretariat means the Section of the Secretariat located 
in the country of an involved Party;
    legal holiday with respect to a Party's Section of the Secretariat, 
means every Saturday, Sunday, and any other day designated by that 
Party as a holiday for the purposes of these Rules and notified by that 
Party to its Section of the Secretariat and by that Section to the 
other Sections of the Secretariat and the other Parties;
    official publication means, in the case of the Government of:
    (a) Canada, the Canada Gazette;
    (b) Mexico, the Diario Oficial de la Federaci[oacute]n; and
    (c) the United States, the Federal Register;
    panel means a binational panel established pursuant to Annex 10-B.1 
(Establishment of Binational Panels) 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 44 or a Notice of Appearance pursuant to 
Rule 45:
    (a) a Party;
    (b) an investigating authority; or
    (c) an interested person;
    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;
    (c) an investigating authority;
    (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

[[Page 10173]]

Change of Counsel of Record, a brief, or any other written submission 
filed by a participant;
    President means the President of the Canada Border Services Agency 
appointed under subsection 7(1) of the Canada Border Services Agency 
Act, as amended, and includes a person authorized to perform a power, 
duty, or function of the President under the Special Import Measures 
Act, as amended;
    privileged information means with respect to a panel review of a 
final determination made in:
    (a) 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) 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 Secretariat 
of Economy (Secretar[iacute]a de Econom[iacute]a) 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
    (c) 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 with respect to a panel review of a final 
determination made in:
    (a) 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, if 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) 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 with respect to a panel review of a 
final determination made in:
    (a) 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) Mexico, informaci[oacute]n confidencial, as defined under 
article 80 of the Ley de Comercio Exterior and its regulations; and
    (c) 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 with respect to a 
panel review of a final determination made in:
    (a) Canada, a disclosure undertaking in the prescribed form, which 
form,
    (i) in respect of a final determination by the President, is 
available from the President, and
    (ii) in respect of a final determination by the Tribunal, is 
available from the Tribunal;
    (b) Mexico, a disclosure undertaking in the prescribed form, which 
form is available from the Secretariat of Economy (Secretar[iacute]a de 
Econom[iacute]a); and
    (c) 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 in the case of:
    (a) Canada, a Disclosure Order issued by the President or the 
Tribunal pursuant to a Proprietary Information Access Application;
    (b) Mexico, a Disclosure Order issued by the Secretariat of Economy 
(Secretar[iacute]a de Econom[iacute]a) pursuant to a Proprietary 
Information Access Application; and
    (c) the United States, a Protective Order issued by 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 
30.6 (The Secretariat) 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 an electronic mail 
address 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 an electronic mail 
address submitted with that address, or if 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 an electronic 
mail address submitted with that address; or
    (c) if a Change of Service Address has been filed by a Party or 
participant, the address set out as the new service address in that 
form, including an electronic mail address submitted with that address;
    service list means, with respect to a panel review,
    (a) if 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 President, 
persons named on the list maintained by the President who participated 
in the proceedings before the President 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

[[Page 10174]]

the findings of the Tribunal is with respect to goods of the country of 
the other involved Party; and
    (b) if 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; and
    Tribunal means the Canadian International Trade Tribunal or its 
successor and includes any person authorized to act on its behalf.
    6. The definitions set forth in Article 10.8 (Definitions) of the 
Agreement are hereby incorporated into these Rules.
    7. When these Rules require that notice be given, it shall be given 
in writing.

Code of Conduct

    8. Candidates being considered for appointment to a panel, 
panelists, and their assistants and staff, must comply with the Code of 
Conduct established under Article 10.17 (Code of Conduct) of the 
Agreement.
    9. The responsible Secretariat shall provide a copy of the Code of 
Conduct to each candidate being considered for appointment to serve as 
a member of a panel, and to each individual selected to serve as a 
panelist as well as to their assistants and staff.
    10. If a participant believes that a panelist, assistant, or staff 
to a panelist is in violation of the Code of Conduct, the participant 
shall immediately 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 II: General (Rules 11-37)

Duration and Scope of Panel Review

    11. 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.
    12. 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.

Responsibility of the Secretariat

    13. 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, in the case of the:
    (a) United States Section of the Secretariat, legal holidays of 
that Section;
    (b) Canadian Section of the Secretariat, legal holidays of that 
Section; and
    (c) Mexican Section of the Secretariat, legal holidays of that 
Section.
    14. 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.
    15. (1) Each Secretary must maintain a file for each panel review. 
Subject to subrules (3) and (4), the file must 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 
must be the Secretariat file number for all documents filed or issued 
in that panel review. All documents filed must be stamped by the 
Secretariat to show the date and time of receipt.
    (3) If, after notification of the selection of a panel pursuant to 
Rule 47, 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 chair of the Panel for 
instructions, provided that the authority has been delegated by the 
Panel to its chair pursuant to subrule 22(2).
    (4) On a referral referred to in subrule (3), the chair may 
instruct the responsible Secretary to:
    (a) retain the document in the file, without prejudice to a motion 
to strike that document; or
    (b) return the document to the person who filed the document, 
without prejudice to a motion for leave to file the document.
    16. (1) The responsible Secretary shall forward to the other 
involved Secretary all orders and decisions issued by the panel. The 
responsible Secretary shall also forward to the other involved 
Secretary a copy of all documents filed in the office of the 
responsible Secretary that are not clearly marked as privileged or 
proprietary pursuant to subrules 48(2)(b) and 60(1)(a).
    (2) If an involved Secretariat makes a written request to the 
responsible Secretary requesting any privileged or proprietary 
documents, the responsible Secretary shall forward those documents to 
the involved Secretariat forthwith.
    17. If 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.
    18. (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 President, the 
Tribunal, the Secretariat of Economy (Secretar[iacute]a de 
Econom[iacute]a), the International Trade Administration of the United 
States Department of Commerce, and the United States International 
Trade Commission.
    (2) If 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.
    19. (1) The responsible Secretary shall file either physically with 
the investigating authority one original and any additional copies 
required, or electronically with 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 51.
    (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.
    20. If 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 or cover sheet of the document is clearly 
marked to indicate that it contains proprietary information or 
privileged information; and
    (c) access to the document is limited to officials of, and counsel 
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

[[Page 10175]]

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 or Canada, persons 
with respect to whom the panel has ordered disclosure of the privileged 
information under Rule 56, if the persons have filed with the 
responsible Secretariat a Proprietary Information Access Order with 
respect to the document.
    21. (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 20(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 (2)(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

    22. (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 chair,
    (a) the authority to accept or reject filings in accordance with 
subrule 15(4); and
    (b) the authority to grant motions consented to by all 
participants, other than a motion filed pursuant to Rule 25 or Rule 56, 
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 chair referred to in subrule (2) shall be 
issued as an order of the panel.
    (4) Subject to subrule 31(b), meetings of a panel may be conducted 
by means of a telephone or video conference call.
    23. 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

    24. (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) If the last day of a time period computed in accordance with 
subrule (1) falls on a legal holiday of the responsible Secretariat or 
on any other day on which the offices of that Section are closed by 
order of the government or because of unforeseen circumstances outside 
that Party's control, that day and any other legal holidays of the 
responsible Secretariat immediately following that day shall be 
excluded from the computation.
    25. (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;
    (c) the decision to extend the time period is agreed to by four 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 a motion under subrule (3) 
before the last day of the time period which is the subject of the 
motion.

Counsel of Record

    26. (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.
    (3) A participant other than an individual must be represented by a 
counsel of record.

Filing, Service, and Communications

    27. (1) Subject to subrule 50(1), Rule 51 and subrules 54(1), 56(3) 
and 77(2)(a), a document is filed with the Secretariat when the 
responsible Secretariat receives the document, during its normal 
business hours and within the time period fixed for filing, physically, 
with one original and two copies, or when the document is filed by 
electronic means.
    (2) The responsible Secretariat shall also acknowledge receipt 
physically or electronically, to the party filing the document.
    (3) Acknowledgement pursuant to subrule (2) 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.
    28. The responsible Secretary shall be responsible for the service 
of the following, which may be satisfied through an electronic 
notification if the involved Parties have agreed to an electronic 
filing platform that is in use by the responsible Secretariat:
    (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
    (c) Notices of Appearance, Proprietary Information Access Orders 
granted to panelists, assistants to panelists, court reporters, 
interpreter(s), 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.
    29. (1) Subject to subrules (6) and (7), all documents filed by a 
participant, other than the administrative record, any supplementary 
remand record and any document required by Rule 28 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 if a 
participant is not represented by counsel, on the participant.
    (2) If an electronic filing platform agreed upon by the involved 
Parties is used for filing, electronic notification by the filing 
platform shall satisfy the service requirements of this Rule.
    (3) A proof of service shall appear on, or be affixed to, all 
documents referred to in subrule (1).

[[Page 10176]]

    (4) If 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.
    (5) If a document is served electronically, the date of service 
shall be the day on which the document is sent by the sender.
    (6) A document containing proprietary information or privileged 
information shall be filed and served under seal in accordance with 
Rules 48 and 60(1)(a), 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.
    (7) A complainant shall serve a Complaint on the investigating 
authority and on all persons listed on the service list.
    30. Subject to subrule 31(a), a document may be served by:
    (a) mailing or delivering a copy of the document to the service 
address of the participant by expedited delivery courier or expedited 
mail service;
    (b) transmitting a copy of the document to the electronic service 
address of the participant;
    (c) personal service on the participant; or
    (d) any means, including the use of an electronic filing platform 
agreed upon by the involved Parties, that the responsible Secretariat, 
in consultation with participants, may direct.
    31. If 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 unsecure electronic means 
except as authorized by the terms of that Order; or
    (b) communicate the proprietary information or privileged 
information by telephone.
    32. 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

    33. Rules 34 to 36 apply with respect to a panel review of a final 
determination made in Canada.
    34. A person or panelist may use either English or French in a 
document or oral proceeding.
    35. (1) Subject to subrule (2), any order or decision including the 
reasons for it, issued by a panel, shall be made available 
simultaneously in both English and French if:
    (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; 
or
    (b) the proceedings leading to the issuance of the order or 
decision were conducted in whole or in part in English and French.
    (2) If an order or decision,
    (a) issued by a panel is not required by subrule (1) to be made 
available simultaneously in English and French; or
    (b) 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.
    36. (1) Any oral proceeding conducted in both English and French 
shall be translated simultaneously.
    (2) If 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 a Notice of Appearance.
    (3) If the chair of a panel is of the opinion that there is a 
public interest in the panel review, the chair may direct the 
responsible Secretary to arrange for simultaneous translation of any of 
the oral proceedings in the panel review.

Costs of Participation, Panel Remuneration, and Expenses

    37. (1) Each participant shall bear the costs of, and those 
incidental to, its own participation in a panel review.
    (2) The involved Parties shall bear equally the remuneration and 
expenses of panelists selected under Annex 10-B.1 (Establishment of 
Binational Panels), and of their assistants, and all administrative 
expenses of the panel.
    (3) Unless the involved Parties agree otherwise, remuneration for 
panelists shall be paid at the rate for non-governmental panelists used 
by the WTO on the date the Request for Panel Review is made pursuant to 
Article 10.12 (Review of Final Antidumping and Countervailing Duty 
Determinations).
    (4) Unless the involved Parties agree otherwise, travel expenses 
shall be paid at the Daily Subsistence Allowance rate for the location 
of the hearing established by the United Nations International Civil 
Service Commission on the date a Request for Panel Review is made 
pursuant to Article 10.12 (Review of Final Antidumping and 
Countervailing Duty Determinations).
    (5) Each panelist may hire one assistant to provide research, 
translation, or interpretation support, unless a panelist requires an 
additional assistant and the involved Parties agree that, due to 
exceptional circumstances, the panelist should be permitted to hire an 
additional assistant. Each assistant to a panelist shall be paid at a 
rate of one-fifth the rate for a panelist.
    (6) The expenses authorized for a panel established under Annex 10-
B.1 (Establishment of Binational Panels), shall be as follows:
    (a) travel expenses: include the transportation costs of the 
panelists and assistants, their accommodations and meals, as well as 
related taxes and insurance. Travel arrangements shall be made and 
travel expenses reimbursed, in accordance with the administrative 
guidelines applied by the responsible Secretariat; and
    (b) administrative expenses: include, among others, telephone 
calls, courier services, fax, stationery, rent of locations used for 
hearings and deliberations, interpreter services, court reporters, or 
any other person or service contracted by the responsible Secretariat 
to support the proceeding.
    (7) Each panelist and assistant shall keep and render a final 
account of his or her time and expenses to the responsible Secretariat, 
and the panel shall keep and render a final account to the responsible 
Secretariat of its administrative expenses. Each panelist and assistant 
shall submit this account, including relevant supporting documentation, 
such as invoices, in accordance with the administrative guidelines of 
the responsible Secretariat. A panelist or assistant may submit 
requests for payment of remuneration or reimbursement for expenses 
during the

[[Page 10177]]

proceeding on a recommended quarterly basis throughout an ongoing 
dispute. Panelists and assistants should submit any final requests for 
payment of remuneration or reimbursement within 60 days of the filing 
of a Notice of Completion of Panel Review.
    (8) All requests for payment shall be subject to review by the 
responsible Secretariat. The responsible Secretariat shall make 
payments for the remuneration of panelists and assistants, and for 
expenses in accordance with the administrative guidelines applied by 
the responsible Secretariat, using resources provided equally by the 
involved Parties, and in coordination with the involved Parties. No 
responsible Secretariat shall be obligated to pay any remuneration or 
expense in connection with a panel proceeding prior to receiving the 
contributions of the involved Parties.
    (9) The responsible Secretariat shall submit to the involved 
Parties a final report on payments made in connection with a dispute. 
On request of an involved Party, the responsible Secretariat shall 
submit to the involved Parties a report of payments made to date at any 
time during the panel proceedings.
    (10) In case of resignation or removal of a panelist or assistant, 
or if a Panel issues an Order dismissing or terminating a proceeding, 
the responsible Secretariat will make payment of the remuneration and 
expenses owed up until the date of resignation or removal of the 
panelist or assistant, or the date of the Order of dismissal or 
termination, using resources provided equally by the involved Parties. 
A panelist's or assistant's final account of time or expenses must 
follow the procedures in paragraph 7 and should be submitted within 60 
days of the date of their resignation, or removal, or of an Order 
dismissing or terminating the panel proceeding.

Part III: Commencement of Panel Review (Rules 38-46)

Notice of Intent To Commence Judicial Review

    38. (1) If an interested person intends to commence judicial review 
of a final determination, the interested person shall,
    (a) if 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) if the final determination was made in Mexico or the United 
States, no later than 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) If 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) must include the following information (model form 
provided in the Schedule):
    (a) the information set out in subrules 59(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
    (c) the date on which the notice of the final determination was 
received by the other Party if the final determination was not 
published in an official publication.

Request for Panel Review

    39. (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;
    (c) section 504 of the United States-Mexico-Canada 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 must contain the following 
information (model form provided in the Schedule):
    (a) the information set out in subrule 59(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;
    (c) the date on which the notice of the final determination was 
received by the other Party if the final determination was not 
published in an official publication;
    (d) the service list, as defined in Rule 5.
    40. (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
    (c) serve a copy of the first Request for Panel Review on the 
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 44 no later than 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 must file a Notice of Appearance in accordance with 
Rule 45 no later than 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

    41. (1) Subject to Rule 42, if a panel is established to review a 
final determination made under,
    (a) paragraph 41(1)(b) 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) 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

[[Page 10178]]

respect to those goods is filed; no later than 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, no later than 
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.
    42. (1) If a panel is established to review a final determination 
made under paragraph 41(1)(b) 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) If 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.
    43. (1) Subject to subrules (2) and (3), if final determinations 
are reviewed jointly pursuant to Rule 41 or 42, 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 61.
    (2) Unless otherwise ordered by a panel as a result of a motion 
under subrule (3), if final determinations are reviewed jointly 
pursuant to Rule 42, 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 if 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)(b) 
of the Special Import Measures Act, as amended, or section 705(a) or 
735(a) of the Tariff Act of 1930, as amended.
    (3) If the final determinations are reviewed jointly pursuant to 
Rule 41 or 42, a 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) must 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, if the panel has not 
issued a ruling on a motion filed pursuant to subrule (3) no later than 
30 days after the filing of the Notice of Motion, the motion shall be 
deemed denied.

Complaint

    44. (1) Subject to subrule (3), any interested person who intends 
to make an allegation of an error of fact or law, including a challenge 
to the jurisdiction of the investigating authority, with respect to a 
final determination, shall file with the responsible Secretariat, no 
later than 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) must contain the 
following information (model form provided in the Schedule):
    (a) the information set out in subrule 59(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;
    (c) a statement describing the interested person's entitlement to 
file a Complaint under this Rule; and
    (d) if 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 must be filed no 
later than 5 days before the expiration of the time period for filing a 
Notice of Appearance pursuant to Rule 45.
    (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 61(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) If the panel does not grant a motion referred to in subrule (6) 
within the time period for filing briefs pursuant to subrule 61(1), the 
motion shall be deemed to be denied.

Notice of Appearance

    45. (1) No later than 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 must 
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 59(1);
    (b) a statement as to the basis for the person's claim of 
entitlement to file a Notice of Appearance under this rule;
    (c) in the case of a Notice of Appearance filed by the 
investigating authority, any admissions with respect to the allegations 
set out in the Complaints;
    (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 44(2)(b),
    (ii) in opposition to some or all of the allegations set out in a 
Complaint under subrule 44(2)(b), or
    (iii) in support of some of the allegations set out in a Complaint 
under subrule 44(2)(b) and in opposition to some of the allegations set 
out in a Complaint under subrule 44(2)(b); and
    (e) if the final determination was made in Canada, a statement as 
to

[[Page 10179]]

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 oral proceedings.
    (2) Any complainant who intends to appear in opposition to 
allegations set out in a Complaint under subrule 44(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

    46. (1) The investigating authority whose final determination is 
under review shall, no later than 15 days after the expiration of the 
time period fixed for filing a Notice of Appearance, file with the 
responsible Secretariat a copy of:
    (a) the final determination, including reasons for the final 
determination;
    (b) 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
    (c) subject to subrules (3), (4) and (5), the administrative 
record.
    (2) An Index referred to in subrule (1)(b) must, if 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 must be filed under seal in accordance with Rule 48.
    (4) No privileged information may 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 may be filed with the responsible 
Secretariat unless the investigating authority, after having reviewed 
the government information and, if applicable, after having pursued 
appropriate review procedures, determines that the information may be 
disclosed.

Part IV: Panels (Rule 47)

Announcement of Panel

    47. 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.

Part V: Proprietary Information and Privileged Information (Rules 48-
58)

Filing or Service Under Seal

    48. (1) If, 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, if 
the document is a pleading, in accordance with Rule 60.
    (2) A document filed or served under seal shall be:
    (a) separate 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 ``Prot[eacute]g[eacute]'',
    (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
    (c) inside:
    (i) an opaque inner wrapper and an opaque outer wrapper, if filed 
or served physically, or
    (ii) a cover sheet, if filed or served electronically.
    (3) An inner wrapper or cover sheet 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.
    49. 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

    50. (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 must file a 
Proprietary Information Access Application with respect to the 
proprietary information as follows:
    (a) with the responsible Secretariat, two 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) if 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 29(1).
    (3) Electronic means may be used to satisfy the service and filing 
requirements of subrules (1) and (2).\1\
---------------------------------------------------------------------------

    \1\ For greater certainty, for electronic filings with respect 
to subrule 50(1)(b), the Mexican investigating authority may verify 
the authenticity of the application and the documents submitted.
---------------------------------------------------------------------------

    51. (1) Every panelist, assistant to a panelist, court reporter, 
interpreter, and translator shall, before taking up duties in a panel 
review, physically or electronically \2\ provide to the responsible 
Secretary a Proprietary Information Access Application.
---------------------------------------------------------------------------

    \2\ For greater certainty, for electronic filings, the Mexican 
Secretariat will verify the authenticity of the application and the 
documents submitted.
---------------------------------------------------------------------------

    (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) If the investigating authority receives, pursuant to subrule 
19(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.
    52. The investigating authority shall, no later than 30 days after 
a Proprietary Information Access Application is filed in accordance 
with subrule 50(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.
    53. (1) If an investigating authority,
    (a) refuses to issue a Proprietary Information Access Order to a 
counsel

[[Page 10180]]

of record or to a professional retained by, or under the control or 
direction of, a counsel of record; or
    (b) 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 these decisions of 
the investigating authority.
    (2) If, 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) If 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 any order that is 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.
    54. (1) If a Proprietary Information Access Order is issued to a 
person in a panel review, the person shall file with the responsible 
Secretariat, pursuant to the applicable regulations of the 
investigating authority, a copy of the Proprietary Information Access 
Order.
    (2) If 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.
    55. If a Proprietary Information Access Order is issued to a 
person, the person is entitled,
    (a) to access to the document(s) containing the proprietary 
information; and
    (b) if the person is a counsel of record, to a copy of the 
document(s) containing the proprietary information, on payment of an 
appropriate fee, and to service of pleadings containing the proprietary 
information.

Privileged Information

    56. (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) No later than 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) If 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) If 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) If an order referred to in subrule (6) or (7)(b) 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.
    57. In a panel review of a final determination made in the United 
States or Canada, if, pursuant to Rule 56, 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 Extraordinary Challenge 
Committee Rules established under Annex 10-B.3(2) (Extraordinary 
Challenge Procedure) of the Agreement;
    (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
    (c) the investigating authority shall issue a Propriety Information 
Access Order with respect to that document in accordance with the order 
of the panel.

Violations of Proprietary Information Access Applications or Orders

    58. If 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, if 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 VI: Written Proceedings (Rules 59-68)

Form and Content of Pleadings

    59. (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;
    (c) the name of the Party, investigating authority or interested 
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 5; and
    (f) the telephone number and electronic mail address of the counsel 
of record referred to in subrule (d) or, if an interested person is not 
represented by counsel, the telephone number and

[[Page 10181]]

electronic mail address of the interested person.
    (2) Every pleading filed in a panel review shall be on paper 8 \1/
2\ x 11 inches (216 millimeters 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 
millimeters) 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) If a pleading is filed by electronic means, that pleading shall 
be formatted in a manner that, if printed, it would meet the 
requirements of subrule (2).
    (4) Every pleading filed on behalf of a participant in a panel 
review shall be signed by written or electronic signature, by counsel 
for the participant or, if the participant is not represented by 
counsel, by the participant.
    60. (1) If 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, with respect to a panel review of a final determination 
made in:
    (i) 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) 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) 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 (1)(a) is filed, another set not 
containing proprietary information shall be filed, and with respect to 
a panel review of a final determination made in:
    (i) Canada, shall be labelled ``Non-Proprietary'', ``Non-
Confidential'', ``Non confidentiel'' or ``De nature non exclusive'',
    (ii) Mexico, shall be labelled ``No confidencial'', and
    (iii) 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) If 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 with respect to a panel review of a final determination 
made in:
    (i) Canada, shall be labelled ``Privileged'' or 
``Prot[eacute]g[eacute]'', with the top of each page that contains 
privileged information marked with the word ``Privileged'' or 
``Prot[eacute]g[eacute]'' and with the privileged information enclosed 
in brackets,
    (ii) 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) 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 (2)(a) is filed, another set not 
containing privileged information shall be filed and with respect to a 
panel review of a final determination made in:
    (i) Canada, shall be labelled ``Non-Privileged'' or ``Non 
prot[eacute]g[eacute]'',
    (ii) Mexico, shall be labelled ``No privilegiada'', and
    (iii) 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

    61. (1) Subject to subrule 43(1), every participant who has filed a 
Complaint under Rule 44 or a Notice of Appearance with a statement 
under subrule 45(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 46(1), for filing the administrative record.
    (2) Every participant who has filed a Notice of Appearance with a 
statement under subrule 45(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) must be filed with the responsible 
Secretariat no later than 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) If 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 for 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

    62. (1) In respect of a panel review of a final determination made 
in the United States or Canada, if a participant fails to file a brief 
within the time period fixed and no motion pursuant to Rule 25 is 
pending, on a motion of another participant, the panel may order that 
the participant who fails to file a brief is not entitled to:
    (a) present oral argument;
    (b) service of any further pleadings, orders, or decisions in the 
panel review; or
    (c) further notice of the proceedings in the panel review.
    (2) 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 if:
    (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 25 is pending.

[[Page 10182]]

    (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) If 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 61(2), a panel may issue a decision 
referred to in subrule 76(1).

Content of Briefs and Appendices

    63. (1) Every brief filed pursuant to subrule 61(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 61(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 61(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
    (c) in all briefs, references to evidence in the administrative 
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 61(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 61(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 61(3) shall include a 
table of contents and a table of authorities, indicating those 
principally relied upon in the argument.

Appendix to the Briefs

    64. (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 61(4) shall be compiled by 
a participant who filed a brief under subrule 61(1) and who was so 
designated by all the participants who filed a brief. Each participant 
who filed a brief under subrule 61(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 61(1). Each participant who filed a brief under subrule 
61(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 61(1) or (2).
    (3) The costs for compiling the appendix shall be borne equally by 
all participants who file briefs.

Motions

    65. (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;
    (c) a statement of the grounds to be argued, including a reference 
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) if necessary, references to evidence in the administrative 
record identified by page and, if practicable, by line.
    (4) The pendency of any motion in a panel review shall not alter 
any time period fixed by these Rules or by an order or decision of the 
panel.
    (5) A Notice of Motion to which all participants consent shall be 
titled a Consent Motion.
    66. Subject to subrules 25(2) and 80(5), unless the panel otherwise 
orders, a participant may file a response to a Notice of Motion no 
later than 10 days after the Notice of Motion is filed.
    67. (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 31(b), 
direct that a motion be heard by means of a telephone or video 
conference call with the participants.
    (3) A panel may deny a motion before responses to the Notice of 
Motion have been filed.
    68. If a panel chooses to hear oral argument or, pursuant to 
subrule 67(2), directs that a motion be heard by means of a telephone 
or video conference call with the participants, the responsible 
Secretary shall, at the direction of the chair, fix a date, time and 
place for the hearing of the motion and shall notify all participants 
of the same.

Part VII: Oral Proceedings (Rules 69-73)

Location

    69. Oral proceedings in a panel review shall take place at the 
office of the responsible Secretariat or at another location that the 
responsible Secretary arranges.

Pre-Hearing Conference

    70. (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 matters 
such as:

[[Page 10183]]

    (a) the clarification and simplification of the issues;
    (b) the procedure to be followed at the hearing of oral argument; 
and
    (c) outstanding motions.
    (4) Subject to subrule 31(b), a pre-hearing conference may be 
conducted by means of a telephone or video 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

    71. (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 61(3) for filing reply briefs. At the direction of the panel, 
the responsible Secretary must 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 (2)(a); and
    (c) argument in reply, at the discretion of the panel.
    (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 the 
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, if the participant is a self-represented individual, by 
the participant.
    (5) Oral argument shall be limited to the issues in dispute.

Oral Proceedings in Camera

    72. 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;
    (c) in the case of privileged information, a person as to whom the 
confidentiality of the privileged information has been waived; and
    (d) officials of, and counsel for, the investigating authority.

Subsequent Authorities

    73. (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) must be filed as soon as 
possible after the issuance of the decision or judgment by the court.
    (3) If a request referred to in subrule (1) is filed with the 
responsible Secretariat, another participant may, within no later than 
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.

Part VIII: Decisions and Completions of Panel Reviews (Rules 74-80)

Orders, Decisions, and Terminations

    74. The responsible Secretary shall cause notice of every decision 
of a panel issued pursuant to subrule 76(1) to be published in the 
official publications of the involved Parties.
    75. (1) If a participant files a Notice of Motion requesting 
dismissal of a panel review, the panel may issue an order dismissing 
the panel review.
    (2) If a participant files a Notice of Motion requesting 
termination of a panel review, all the participants consent to the 
request, and an affidavit to that effect is filed, or if all 
participants file Notices of Motion requesting termination, the panel 
review is terminated and, if a panel has been appointed, the panelists 
are discharged.
    (3) A panel review is deemed to be terminated on the day after the 
expiration of the limitation period established pursuant to subrule 
44(1) if no Complaint has been filed in a timely manner. The 
responsible Secretariat shall issue a Notice of Completion of Panel 
Review.
    76. (1) A panel must issue a written decision with reasons, 
together with any dissenting or concurring opinions of the panelists, 
in accordance with Article 10.12.8 (Review of Final Antidumping and 
Countervailing Duty Determinations) of the Agreement, within 90 days of 
the oral hearing. The decision will normally be released by noon on the 
date of issuance.
    (2) The Panel must notify the participants and the involved Parties 
of any delay in the issuance of its decision.

Panel Review of Action on Remand

    77. (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, physically or 
electronically, with the responsible Secretariat an Index listing each 
item in the supplementary remand record, together with proof of service 
of the Index on the counsel of record of each of the participants, or 
if a participant is not represented by counsel, on the participant, and 
one copy of each non-privileged item listed in that Index, no later 
than 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 no later than 20 days after the date on which 
the investigating authority filed the Index and supplementary remand 
record; and
    (c) any response to the written submissions referred to in subrule 
(2)(b) shall be filed by the investigating authority, and by any 
participant supporting the investigating authority, no later than 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 no later

[[Page 10184]]

than 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 
(3)(a) shall be filed by the investigating authority, and by any 
participant filing in support of the investigating authority, no later 
than 20 days after the last day on which those written submissions may 
be filed.
    (4) In the case of a panel review of a final determination made in 
Mexico, if a participant who fails to file a brief under Rule 61 files 
a written submission pursuant to subrule (2)(b) or (3)(a), 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 25 is pending, the panel shall, within no later 
than 10 days after the later of the due date for those written 
submissions and the date of the denial of a motion pursuant to Rule 25, 
issue an order affirming the investigating authority's Determination on 
Remand.
    (6) If a Determination on Remand is challenged, the panel shall 
issue a written decision pursuant to subrule 76(1), 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.
    78. 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

    79. 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.
    80. (1) A participant may, no later than 10 days after a panel 
issues its decision, file a Notice of Motion requesting that the panel 
re-examine its decision for the purpose of correcting an accidental 
oversight, inaccuracy, or omission, which shall set out:
    (a) the oversight, inaccuracy, or omission with respect to which 
the request is made;
    (b) the relief requested; and
    (c) if ascertainable, a statement as to whether other participants 
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) No later than 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 IX: Completion of Panel Review (Rules 81-89)

Completion of Panel Review

    81. (1) Subject to subrule (2), when a panel issues:
    (a) an order dismissing a panel review under subrule 62(3) or 
75(1);
    (b) a decision under subrule 76(1) or 77(6) that is the final 
action in the panel review; or
    (c) an order under subrule 77(5);
    the panel shall direct the responsible Secretary to issue a Notice 
of Final Panel Action (model form provided in the Schedule) on the 
eleventh day thereafter.
    (2) If a motion is filed pursuant to subrule 80(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.
    82. 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 
75(2); or
    (b) in any other case, on the day after the expiration of the 
limitation period established pursuant to subrules 41(1) and 41(2)(a) 
of the Extraordinary Challenge Committee Rules under Annex 10-B.3(2) 
(Extraordinary Challenge Procedure) of the Agreement.
    83. If 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 68 or subrule 
69(a) of the Extraordinary Challenge Committee Rules under Annex 10-
B.3(2) (Extraordinary Challenge Procedure) of the Agreement.
    84. 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 69(b) of the Extraordinary Challenge Committee 
Rules under Annex 10-B.3(2) (Extraordinary Challenge Procedure) of the 
Agreement.

Stays and Suspensions

    85. If 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 10-B.1 (Establishment 
of Binational Panels) of the Agreement.
    86. If a panelist is disqualified, dies or otherwise becomes unable 
to fulfill panel duties after the oral argument, the chair may order 
that the matter be reheard, on such terms as are appropriate, after 
selection of a substitute panelist.
    87. (1) A Party may make a request, pursuant to Article 
10.13.11(a)(ii) (Safeguarding the Panel Review System) 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

[[Page 10185]]

    (b) publish a notice of the stay of the panel review in the 
official publications of the involved Parties.
    88. On receipt of a report containing an affirmative finding with 
respect to a ground specified in Article 10.13.1 (Safeguarding the 
Panel Review System) of the Agreement, the responsible Secretary for 
panel reviews referred to in Article 10.13.11(a)(i) (Safeguarding the 
Panel Review System) 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.
    89. (1) A Party who intends to suspend the operation of Article 
10.12 (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement pursuant to Article 10.13.8 
(Safeguarding the Panel Review System) or Article 10.13.9 (Safeguarding 
the Panel Review System) of the Agreement shall endeavor 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.
BILLING CODE 3390-F3-P

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RULES OF PROCEDURE FOR ANNEX 10-B.3

(EXTRAORDINARY CHALLENGE COMMITTEES)

Part I: Initial Provisions and Definitions (Rules 1-10)

Application

    1. These Rules are established in accordance with Annex 10-B.3.2 
(Extraordinary Challenge Procedure) of the Agreement and apply to all 
extraordinary challenge committee proceedings conducted pursuant to 
Article 10.12.13 (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement. These Rules will be published in 
Canada in the Canada Gazette, in Mexico in the Diario Oficial de la 
Federaci[oacute]n, and in the United States in the Federal Register.

Short Title

    2. These Rules may be cited as the Extraordinary Challenge 
Committee Rules.

Statement of General Intent

    3. These Rules give effect to the provisions of Chapter 10 (Trade 
Remedies) of the Agreement with respect to extraordinary challenge 
procedures conducted pursuant to Article 10.12.13 (Review of Final 
Antidumping and Countervailing Duty Determinations) and Annex 10-B.3 
(Extraordinary Challenge Procedure) of the Agreement and are designed 
to result in decisions within 90 days after the establishment of the 
committee. If a procedural question arises that is not covered by these 
Rules, a committee may adopt an appropriate procedure that is not 
inconsistent with the Agreement.
    4. In the event of any inconsistency between the provisions of 
these Rules and the Agreement, the Agreement shall prevail.

Definitions and Interpretation

    5. For the purposes of these Rules:
    Agreement means the Agreement signed between Canada, Mexico, and 
the United States on November 30, 2018, as amended;
    Code of Conduct means the code of conduct established by the 
Parties pursuant to Article 10.17 (Code of Conduct) of the Agreement;
    committee means an extraordinary challenge committee established 
pursuant to Annex 10-B.3 (Extraordinary Challenge Procedure) of the 
Agreement;
    counsel means, with respect to an extraordinary challenge of a 
panel review of a final determination made in:
    (a) Canada, a person entitled to appear as counsel before the 
Federal Court of Canada;
    (b) Mexico, a person entitled to appear as counsel before the 
Tribunal Federal de Justicia Administrativa; and
    (c) 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 18(1);
    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;
    investigating authority means the competent investigating 
authority, as defined in Article 10.8 (Definitions) of the Agreement, 
that issued the final determination that was the subject of the panel 
review to which an extraordinary challenge procedure relates and 
includes, in respect of the issuance, amendment, modification or 
revocation of a Proprietary Information Access Order, a person 
authorized by the investigating authority;
    involved Secretariat means the Section of the Secretariat located 
in the country of an involved Party;
    legal holiday for a Party's Section of the Secretariat, means every 
Saturday and Sunday and any other day designated by that Party as a 
holiday for the purposes of these Rules and notified by that Party to 
its Section of the Secretariat and by that Section to the other 
Sections of the Secretariat and the other Parties;
    official publication means in the case of the Government of:
    (a) Canada, the Canada Gazette;
    (b) Mexico, the Diario Oficial de la Federaci[oacute]n; and
    (c) the United States, the Federal Register;
    panel means a binational panel established pursuant to Annex 10-B.1 
(Establishment of Binational Panels) of the Agreement, the decision of 
which is the subject of an extraordinary challenge;
    participant means a Party who files a Request for an Extraordinary 
Challenge Committee or any of the following persons who files a Notice 
of Appearance pursuant to these Rules:
    (a) the other involved Party;
    (b) a person who participated in the panel review that is the 
subject of the extraordinary challenge; and
    (c) a panelist against whom an allegation referred to in Article 
10.12.13(a)(i) (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement is made;
    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;
    (c) an investigating authority;
    (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;
    personal information means, with respect to an extraordinary 
challenge proceeding in which an allegation is made that a member of 
the panel was guilty of gross misconduct, bias, or a serious conflict 
of interest, or otherwise materially violated the rules of conduct, 
information submitted pursuant to subrule 43(2) and Rule 45;
    pleading means a Request for an Extraordinary Challenge Committee, 
a Notice of Appearance, a Change of Service Address, a Notice of Change 
of Counsel of Record, a Notice of Motion, a brief, or any other written 
submission filed by a participant;
    President means the President of the Canada Border Services Agency 
appointed under subsection 7(1) of the Canada Border Services Agency 
Act, as amended, and includes a person authorized to perform a power, 
duty, or function of the President under the Special Import Measures 
Act, as amended;
    privileged information means with respect to an extraordinary 
challenge of a panel review of a final determination made in:
    (a) 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, with respect to which the privilege has not been waived;
    (b) 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 Secretariat 
of Economy (Secretar[iacute]a de Econom[iacute]a) 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
    (c) the United States, information of the investigating authority 
that is

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subject to the attorney-client, attorney work product or government 
deliberative process privilege under the laws of the United States and 
with respect to which the privilege has not been waived;
    proof of service means with respect to an extraordinary challenge 
of a panel review of a final determination made in:
    (a) Canada or Mexico,
    (i) an affidavit of service stating the name of the person who 
served the document, the date on which it was served, where it was 
served, and the manner of service, or
    (ii) a written acknowledgement of service by counsel for a 
participant stating the name of the person who served the document, the 
date on which it was served, and the manner of service and, if 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) 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 with respect to an extraordinary 
challenge of a panel review of a final determination made in:
    (a) 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, and with respect 
to which the person who designated or submitted the information has not 
withdrawn the person's claim as to the confidentiality of the 
information;
    (b) Mexico, informaci[oacute]n confidencial, as defined under 
article 80 of the Ley de Comercio Exterior and its regulations; and
    (c) 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 with respect to an 
extraordinary challenge of a panel review of a final determination made 
in:
    (a) Canada, a disclosure undertaking in the prescribed form, which 
form,
    (i) in respect of a final determination by the President, is 
available from the President, and
    (ii) in respect of a final determination by the Tribunal, is 
available from the Tribunal;
    (b) Mexico, a disclosure undertaking in the prescribed form, which 
form is available the from Secretariat of Economy (Secretar[iacute]a de 
Econom[iacute]a); and
    (c) 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 in the case of:
    (a) Canada, a Disclosure Order issued by the President or the 
Tribunal pursuant to a Proprietary Information Access Application;
    (b) Mexico, a Disclosure Order issued by the Secretariat of Economy 
(Secretar[iacute]a de Econom[iacute]a) pursuant to a Proprietary 
Information Access Application; and
    (c) the United States, a Protective Order issued by 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, with respect to an extraordinary 
challenge of a panel review, the Section of the Secretariat located in 
the country in which the final determination reviewed by the panel was 
made;
    responsible Secretary means the Secretary of the responsible 
Secretariat;
    Secretariat means the Secretariat established pursuant to Article 
30.6 (The Secretariat) 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 or panelist, the address filed with the 
Secretariat as the service address of the Party or panelist, including 
an electronic mail address submitted with that address;
    (b) with respect to a participant other than a Party or panelist, 
the service address of the participant filed with the Secretariat in 
the panel review; or
    (c) if a Change of Service Address has been filed by a Party, 
panelist, or participant, the address set out as the new service 
address of the participant in that form, including an electronic mail 
address submitted with that address; and
    Tribunal means the Canadian International Trade Tribunal or its 
successor and includes any person authorized to act on its behalf.
    6. The definitions set forth in Article 10.8 (Definitions) of the 
Agreement are hereby incorporated into these Rules.
    7. When these Rules require that notice be given, it shall be given 
in writing.

Code of Conduct

    8. Candidates being considered for appointment to a committee, 
committee members and their assistants, and staff, must comply with the 
Code of Conduct established under Article 10.17 (Code of Conduct) of 
the Agreement.
    9. The responsible Secretariat shall provide a copy of the Code of 
Conduct to each candidate being considered for appointment to serve as 
a committee member, and to each individual selected to serve as a 
committee member as well as to their assistants and staff.
    10. If a participant believes that a committee member, assistant, 
or staff to a committee member 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 II: General (Rules 11-27)

Duration and Scope of Proceedings

    11. An extraordinary challenge proceeding commences on the day on 
which a Request for an Extraordinary Challenge Committee is filed with 
the Secretariat and terminates on the day on which a Notice of 
Completion of Extraordinary Challenge is effective.
    12. The general legal principles of the country in which a final 
determination was made apply in an extraordinary challenge of the 
decision of a panel with respect to the final determination.
    13. A committee may review any part of the record of the panel 
review relevant to the extraordinary challenge.

Internal Functioning of Committees

    14. (1) For routine administrative matters governing its own 
internal functioning, a committee may adopt procedures not inconsistent 
with these Rules or the Agreement.
    (2) Subject to subrule 38(b), meetings of a committee may be 
conducted by means of a telephone or video conference call.
    15. Only committee members may take part in the deliberations of a 
committee, which shall take place in private and remain secret. Staff 
of the

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involved Secretariats and assistants to committee members may be 
present by permission of the committee.

Computation of Time

    16. (1) In computing any time period fixed in these Rules or by an 
order or decision of a committee, the day from which the time period 
begins to run shall be excluded and, subject to subrules (2) and (3), 
the last day of the time period shall be included.
    (2) If the last day of a time period computed in accordance with 
subrule (1) falls on a legal holiday of the responsible Secretariat or 
on any other day on which the offices of that Section are closed by 
order of the government or because of unforeseen circumstances outside 
that Party's control, that day and any other legal holidays of the 
responsible Secretariat immediately following that day shall be 
excluded from the computation.
    (3) In computing any time period of five days or less fixed in 
these Rules or by an order or decision of a committee, any legal 
holiday or any other day on which the offices of that Section are 
closed by order of the government or because of unforeseen 
circumstances outside that Party's control, that falls within the time 
period shall be excluded from the computation.
    17. A committee may extend any time period fixed in these Rules if:
    (a) the extension is made in the interests of fairness and justice; 
and
    (b) in fixing the extension, the committee takes into account the 
intent of the Rules to secure just, speedy and inexpensive final 
resolutions of challenges to decisions of panels.

Counsel of Record

    18. (1) Subject to subrule (2), the counsel of record for a 
participant in an extraordinary challenge proceeding shall be:
    (a) the counsel for the participant in the panel review; or
    (b) in the case of a Party who was not a participant in the panel 
review or of a panelist, the counsel who signs any document filed on 
behalf of the Party or panelist in the extraordinary challenge 
proceeding.
    (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.

Costs of Participation, Committee Remuneration, and Expenses

    19. (1) Each participant shall bear the costs of, and those 
incidental to, its own participation in an extraordinary challenge 
proceeding.
    (2) The involved Parties shall bear equally the remuneration and 
expenses of committee members selected under Annex 10-B.3 
(Extraordinary Challenge Procedure), and of their assistants, and all 
administrative expenses of the committee.
    (3) Unless the involved Parties agree otherwise, remuneration for 
committee members shall be paid at the rate for non-governmental 
panelists used by the WTO on the date the Request for Extraordinary 
Challenge Committee is made pursuant to Article 10.12.13 (Review of 
Final Antidumping and Countervailing Duty Determinations).
    (4) Unless the involved Parties agree otherwise, travel expenses 
shall be paid at the Daily Subsistence Allowance rate for the location 
of the hearing established by the United Nations International Civil 
Service Commission on the date a Request for Extraordinary Challenge 
Committee is made pursuant to Article 10.12.13 (Review of Final 
Antidumping and Countervailing Duty Determinations).
    (5) Each committee member may hire one assistant to provide 
research, translation, or interpretation support, unless a committee 
member requires an additional assistant and the involved Parties agree 
that, due to exceptional circumstances, a committee member should be 
permitted to hire an additional assistant. Each assistant to a 
committee member shall be paid at a rate of one-fifth the rate for a 
committee member.
    (6) The expenses authorized for a committee established under Annex 
10-B.3 (Extraordinary Challenge Procedure), shall be as follows:
    (c) travel expenses: include the transportation costs of the 
committee members and assistants, their accommodations and meals, as 
well as related taxes and insurance. Travel arrangements shall be made 
and travel expenses reimbursed, in accordance with the administrative 
guidelines applied by the responsible Secretariat; and
    (d) administrative expenses: include, among others, telephone 
calls, courier services, fax, stationery, rent of locations used for 
hearings and deliberations, interpreter services, court reporters, or 
any other person or service contracted by the responsible Secretariat 
to support the proceeding.
    (7) Each committee member and assistant shall keep and render a 
final account of his or her time and expenses to the responsible 
Secretariat, and the committee shall keep and render a final account to 
the responsible Secretariat of its administrative expenses. Each 
committee member and assistant shall submit this account, including 
relevant supporting documentation, such as invoices, in accordance with 
the administrative guidelines of the responsible Secretariat. A 
committee member or assistant may submit requests for payment of 
remuneration or reimbursement for expenses during the proceeding on a 
recommended quarterly basis throughout an ongoing dispute. Committee 
members and assistants should submit any final requests for payment of 
remuneration or reimbursement within 60 days of the filing of a Notice 
of Completion of Extraordinary Challenge.
    (8) All requests for payment shall be subject to review by the 
responsible Secretariat. The responsible Secretariat shall make 
payments for the remuneration of committee members and assistants, and 
for expenses in accordance with the administrative guidelines applied 
by the responsible Secretariat, using resources provided equally by the 
involved Parties, and in coordination with the involved Parties. No 
responsible Secretariat shall be obligated to pay any remuneration or 
expense in connection with a committee prior to receiving the 
contributions of the involved Parties.
    (9) The responsible Secretariat shall submit to the involved 
Parties a final report on payments made in connection with a dispute. 
On request of an involved Party, the responsible Secretariat shall 
submit to the involved Parties a report of payments made to date at any 
time during the committee proceedings.
    (10) In case of resignation or removal of a committee member or 
assistant, or if a committee issues an Order terminating a proceeding, 
the responsible Secretariat will make payment of the remuneration and 
expenses owed up until the date of resignation or removal of the 
committee member or assistant, or the date of the Order terminating the 
proceeding, using resources provided equally by the involved Parties. A 
committee member's or assistant's final account of time or expenses 
must follow the procedures in paragraph 7 and should be submitted 
within 60 days of the date of their resignation, or removal, or of an 
Order terminating the committee proceeding.

Proprietary Information and Privileged Information

    20. (1) If proprietary information has been filed in a panel review 
that is the subject of an extraordinary challenge proceeding, every 
committee member, assistant to a committee member, court

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reporter, interpreter, and translator shall provide the responsible 
Secretariat, physically or electronically,\1\ with a Proprietary 
Information Access Application.
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    \1\ For greater certainty, for electronic filings, the Mexican 
Secretariat will verify the authenticity of the application and the 
documents submitted.
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    (2) Upon receipt of a Proprietary Information Access Application, 
the responsible Secretary shall file the Proprietary Information Access 
Application either physically, one original and any additional copies 
required, or electronically, with the appropriate investigating 
authority.
    (3) The investigating authority shall issue the Proprietary 
Information Access Order and provide the responsible Secretariat with 
the original and any additional copies of those documents required by 
the responsible Secretariat.
    (4) Upon receipt of a Proprietary Information Access Order, the 
responsible Secretary shall transmit the original Proprietary 
Information Access Order to the appropriate committee member, assistant 
to a committee member, court reporter, interpreter or translator.
    21. (1) A committee member, assistant to a committee member, court 
reporter, interpreter, or translator who amends or modifies a 
Proprietary Information Access Application shall provide a copy of the 
amendment or modification to the responsible Secretariat.
    (2) Upon receipt of an amendment or modification to a Proprietary 
Information Access Application, the responsible Secretary shall file 
the amendment or modification with the appropriate investigating 
authority and any additional copies required by the investigating 
authority.
    (3) Upon receipt of an amendment or modification to a Proprietary 
Information Access Application, the investigating authority shall, as 
appropriate, amend, modify or revoke the Proprietary Information Access 
Order and provide the responsible Secretariat with the original of the 
amendment, modification or notice of revocation and any additional 
copies of the document required by the responsible Secretariat.
    (4) Upon receipt of an amendment or modification to a Proprietary 
Information Access Order or a notice of revocation, the responsible 
Secretary shall transmit the amendment, modification or notice of 
revocation to the appropriate committee member, assistant to a 
committee member, court reporter, interpreter or translator.
    22. The responsible Secretary shall serve Proprietary Information 
Access Orders granted to committee members, assistants to committee 
members, court reporters, interpreters, or translators, and any 
amendments or modifications thereto or notices of revocation thereof, 
on all participants other than the investigating authority.
    23. (1) A counsel of record, or a professional retained by, or 
under the control or direction of, a counsel of record, who has not 
been issued a Proprietary Information Access Order in the panel review 
or in these proceedings and who wishes disclosure of proprietary 
information in the file of an extraordinary challenge proceeding, must 
file a Proprietary Information Access Application, as follows:
    (a) with the responsible Secretariat, two 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 on all participants.
    (3) Electronic means may be used to satisfy the service and filing 
requirements of subrules (1) and (2).\1\
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    \1\ For greater certainty, for electronic filings with respect 
to subrule 23(1)(b), the Mexican investigating authority may verify 
the authenticity of the application and the documents submitted.
---------------------------------------------------------------------------

    (4) The investigating authority shall, no later than 10 days after 
a Proprietary Information Access Application is filed with it in 
accordance with subrule (1), serve on the person who filed the 
Proprietary Information Access Application a:
    (a) Proprietary Information Access Order; or
    (b) notification in writing setting out the reasons why a 
Proprietary Information Access Order is not issued.
    24. (1) If an investigating authority:
    (a) 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; or
    (b) issues a Proprietary Information Access Order with terms 
unacceptable to a counsel of record,
    the counsel of record may file with the responsible Secretariat a 
Notice of Motion requesting that the committee review the decision of 
the investigating authority.
    (2) If, after consideration of any response made by the 
investigating authority referred to in subrule (1), the committee 
decides that a Proprietary Information Access Order should be issued or 
that the terms of a Proprietary Information Access Order should be 
amended or modified, the committee shall so notify counsel for the 
investigating authority.
    (3) If 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 committee 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.
    25. (1) If a Proprietary Information Access Order is issued to a 
person in an extraordinary challenge proceeding, the person shall file 
with the responsible Secretariat a copy of the Proprietary Information 
Access Order.
    (2) If a Proprietary Information Access Order is revoked, amended 
or modified by an 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.
    26. In an extraordinary challenge proceeding that commences with a 
Request for an Extraordinary Challenge Committee pursuant to Article 
10.12.13(a)(i) (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement, personal information shall be kept 
confidential:
    (a) if a Notice of Motion is filed pursuant to subrule 45(1)(c),
    (i) until the committee makes an order referred to in subrule 
49(1)(a), or
    (ii) if the committee makes an order referred to in subrule 
49(1)(b), indefinitely, unless otherwise ordered by the committee; and
    (b) in any other case, until the day after the expiration of the 
time period fixed, pursuant to Rule 45, for filing a Notice of Motion 
referred to in subrule 45(1)(c).
    27. If a person alleges that the terms of a Proprietary Information 
Access Application or Proprietary Information Access Order have been 
violated, the committee shall refer the allegations to the 
investigating authority for investigation and, if 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.

Pleadings and Simultaneous Translation of Extraordinary Challenge 
Proceedings in Canada

    28. Rules 29 to 31 apply with respect to an extraordinary challenge 
of a panel review of a final determination made in Canada.

[[Page 10202]]

    29. A person, panelist, or committee member may use either English 
or French in any document or oral proceeding.
    30. (1) Subject to subrule (2), any order or decision including the 
reasons for it, issued by a committee shall be made available 
simultaneously in both English and French if:
    (a) in the opinion of the committee, the order or decision is in 
respect of a question of law of general public interest or importance; 
or
    (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) If an order or decision:
    (a) issued by a committee is not required by subrule (1) to be made 
available simultaneously in English and French; or
    (b) is required by subrule (1)(a) to be made available 
simultaneously in both English and French but the committee 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) If a participant requests simultaneous translation of an 
extraordinary challenge proceeding, the request shall be made as early 
as possible in the proceedings.
    (3) If a committee is of the opinion that there is a public 
interest in the extraordinary challenge proceedings, the committee may 
direct the responsible Secretary to arrange for simultaneous 
translation of the oral proceedings, if any.

Part II: Written Proceedings (Rules 32-44)

Filing, Service, and Communications

    32. (1) Subject to subrule 34(1) and, if applicable, Rule 36, a 
document is filed with the Secretariat when the responsible Secretariat 
receives the document, during its normal business hours and within the 
time period fixed for filing, physically, with one original and two 
copies, or when the document is filed by electronic means.
    (2) The responsible Secretariat shall also acknowledge receipt, 
physically or electronically, to the party filing the document.
    (3) Acknowledgement pursuant to subrule (2) 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.
    33. (1) All documents filed by a participant, other than documents 
required by Rule 62 to be served by the responsible Secretary and 
documents referred to in subrule 42(2), Rule 43, subrule 44(2)(a) and 
Rule 45 shall be served by the participant on the counsel of record of 
each of the other participants or, if another participant is not 
represented by counsel, on the other participant.
    (2) If an electronic filing platform agreed upon by the involved 
Parties is used for filing, electronic notification by the filing 
platform shall satisfy the service requirements of this Rule.
    (3) Subject to subrules 34(1) and 38(a), a document may be served 
by:
    (a) mailing or delivering a copy of the document to the service 
address of the participant by expedited delivery courier or expedited 
mail service;
    (b) transmitting a copy of the document to the electronic service 
address of the participant;
    (c) personal service on the participant; or
    (d) any means, including the use of an electronic filing platform 
agreed upon by the involved Parties, that the responsible Secretariat, 
in consultation with participants, may direct.
    (4) A proof of service shall appear on, or be affixed to, all 
documents referred to in subrule (1).
    (5) If 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.
    (6) If a document is served electronically, the date of service 
shall be the day on which the document is sent by the sender.
    34. (1) If, under these Rules, a document containing proprietary, 
privileged, or personal 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, if 
applicable, in accordance with Rule 36.
    (2) A document filed or served under seal shall be:
    (a) separate from all other documents;
    (b) clearly marked:
    (i) with respect to an extraordinary challenge of 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'',
    (B) in the case of a document containing privileged information, 
``Privileged'' or ``Prot[eacute]g[eacute]'', and
    (C) in the case of a document containing personal information, 
``Personal Information'' or ``Renseignements personnels''; and
    (ii) with respect to an extraordinary challenge of a panel review 
of a final determination made in Mexico,
    (A) in the case of a document containing proprietary information, 
``Confidencial'',
    (B) in the case of a document containing privileged information, 
``Privilegiada'', and
    (C) in the case of a document containing personal information, 
``Informaci[oacute]n Personal''; and
    (iii) with respect to an extraordinary challenge of a panel review 
of a final determination made in the United States,
    (A) in the case of a document containing proprietary information, 
``Proprietary'',
    (B) in the case of a document containing privileged information, 
``Privileged'', and
    (C) in the case of a document containing personal information, 
``Personal Information''; and
    (e) inside:
    (i) an opaque inner wrapper and an opaque outer wrapper, if filed 
or served physically,
    (ii) a cover sheet, if filed or served electronically.
    (3) An inner wrapper or cover sheet referred to in subrule (2)(c) 
shall indicate:
    (a) that proprietary, privileged, or personal information is 
enclosed, as the case may be; and
    (b) the Secretariat file number of the extraordinary challenge 
proceeding.
    35. Filing or service of proprietary, privileged, or personal 
information with the Secretariat does not constitute a waiver of the 
designation of the information as proprietary, privileged, or personal 
information.
    36. (1) If a participant files a pleading that contains proprietary 
information, the participant shall file two sets of the pleading in the 
following manner:

[[Page 10203]]

    (a) one set containing the proprietary information shall be filed 
under seal and, with respect to an extraordinary challenge of a panel 
review of a final determination made in:
    (i) 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) 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) 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 (1)(a) is filed, another set not 
containing proprietary information shall be filed and, with respect to 
an extraordinary challenge of a panel review of a final determination 
made in:
    (i) Canada, shall be labelled ``Non-Proprietary'', ``Non-
Confidential'', ``Non confidentiel'' or ``De nature non exclusive'',
    (ii) Mexico, shall be labelled ``No confidencial'', and
    (iii) 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) If 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, with respect to an extraordinary challenge of a panel 
review of a final determination made in:
    (i) Canada, shall be labelled ``Privileged'' or 
``Prot[eacute]g[eacute]'', with the top of each page that contains 
privileged information marked with the word ``Privileged'' or 
``Prot[eacute]g[eacute]'' and with the privileged information enclosed 
in brackets,
    (ii) for 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) 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 (2)(a) is filed, another set not 
containing privileged information shall be filed and, with respect to 
an extraordinary challenge of a panel review of a final determination 
made in:
    (i) Canada, shall be labelled ``Non-Privileged'' or ``Non 
prot[eacute]g[eacute]'',
    (ii) Mexico, shall be labelled ``No privilegiada'', and
    (iii) 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.
    (3) If a participant files a pleading that contains personal 
information, the pleading shall be filed under seal and, with respect 
to an extraordinary challenge of a panel review of a final 
determination made in:
    (a) Canada, shall be labelled ``Personal Information'' or 
``Renseignements personnels'', with the top of each page that contains 
personal information marked with the words ``Personal Information'' or 
``Renseignements personnels'' and with the personal information 
enclosed in brackets;
    (b) Mexico, shall be labelled ``Informaci[oacute]n Personal'', with 
the top of each page that contains personal information marked with the 
words ``Informaci[oacute]n personal'' and with the personal information 
enclosed in brackets; and
    (c) the United States, shall be labelled ``Personal Information'', 
with the top of each page that contains personal information marked 
with the words ``Personal Information'' and with the personal 
information enclosed in brackets.
    37. (1) Subject to subrule (2), a document containing proprietary 
or privileged information shall be filed under seal in accordance with 
Rule 34 and shall be served only on the investigating authority and on 
those participants who have been granted access to the information 
under a Proprietary Information Access Order.
    (2) If all proprietary information contained in a document was 
submitted to the investigating authority by one participant, the 
document shall be served on that participant even if that participant 
has not been granted access to proprietary information under a 
Proprietary Information Access Order.
    (3) A document containing personal information shall be filed under 
seal in accordance with Rule 34 and shall be served only on persons or 
participants who have been granted access to the information under an 
order of the committee.
    38. If proprietary, privileged, or personal information is 
disclosed to a person in an extraordinary challenge proceeding, the 
person shall not:
    (a) file, serve, or otherwise communicate the proprietary, 
privileged, or personal information by unsecure electronic means except 
as authorized by the terms of a Proprietary Information Access Order; 
or
    (b) communicate the proprietary, privileged, or personal 
information by telephone.
    39. 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.

Form and Content of Pleadings

    40. (1) Every pleading filed in an extraordinary challenge 
proceeding shall contain the following information:
    (a) the title of, and any Secretariat file number assigned for, the 
extraordinary challenge proceeding;
    (b) a brief descriptive title of the pleading;
    (c) the name of the participant filing the pleading;
    (d) the name of counsel of record for the participant;
    (e) the service address, as defined in Rule 5; and
    (f) the telephone number and electronic mail address of the counsel 
of record of the participant or, if the participant is not represented 
by counsel, the telephone number and electronic mail address of the 
participant.
    (2) Every pleading filed in an extraordinary challenge proceeding 
shall be on paper 8\1/2\ x 11 inches (216 millimeters 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 millimeters) 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.

[[Page 10204]]

    (3) If a pleading is filed by electronic means, that pleading shall 
be formatted in a manner that, if printed, it would meet the 
requirements of subrule (2).
    (4) Every pleading filed on behalf of a participant in an 
extraordinary challenge proceeding shall be signed by written or 
electronic signature, by counsel for the participant or, if the 
participant is not represented by counsel, by the participant.

Requests for an Extraordinary Challenge Committee

    41. (1) If a Party, in its discretion, files with the responsible 
Secretary a Request for an Extraordinary Challenge Committee referred 
to in Article 10.12.13(a)(ii) (Review of Final Antidumping and 
Countervailing Duty Determinations) or (iii) (Review of Final 
Antidumping and Countervailing Duty Determinations) of the Agreement, 
the Party shall file the Request (model form available from the 
Secretariat) no later than 30 days after the issuance, pursuant to Rule 
81(2) of the Article 10.12 Binational Panel Rules, of the Notice of 
Final Panel Action in the panel review that is the subject of the 
Request.
    (2) If a Party, in its discretion, files with the responsible 
Secretary a Request for an Extraordinary Challenge Committee referred 
to in Article 10.12.13(a)(i) (Review of Final Antidumping and 
Countervailing Duty Determinations) of the Agreement, the Party shall 
file the Request (model form available from the Secretariat):
    (a) no later than 30 days after the issuance, pursuant to Rule 
81(2) of the Article 10.12 Binational Panel Rules, of the Notice of 
Final Panel Action in the panel review that is the subject of the 
Request; or
    (b) subject to subrule (3), if the Party gained knowledge of the 
action of the panelist giving rise to the allegation more than 30 days 
after the panel issued a Notice of Final Panel Action, no more than 30 
days after gaining knowledge of the action of the panelist.
    (3) No Request for an Extraordinary Challenge Committee referred to 
in subrule (2) may be filed if two years or more have elapsed since the 
effective date of the Notice of Completion of Panel Review.
    (4) Notwithstanding subrules (1) to (3), the running of the time 
periods referred to in this section:
    (a) shall be suspended in the circumstances set out in Article 
10.13.11(b) (Safeguarding the Panel Review System) of the Agreement; 
and
    (b) if suspended under subrule (4)(a), shall be resumed in the 
circumstances set out in Articles 10.13.12 (Safeguarding the Panel 
Review System) and 10.13.13 (Safeguarding the Panel Review System) of 
the Agreement.
    42. (1) Subject to subrule (2), every Request for an Extraordinary 
Challenge Committee shall be in writing and shall:
    (a) include a concise statement of the allegations relied on, 
together with a concise statement of how the actions alleged have 
materially affected the panel's decision and the way in which the 
integrity of the panel review process is threatened;
    (b) contain the name of the Party in the panel review, name of 
counsel, service address, telephone number, and electronic mail 
address; and
    (c) if the panel decision was made in Canada, state whether the 
Party filing the Request for an Extraordinary Challenge Committee:
    (i) intends to use English or French in pleadings and oral 
proceedings before the committee, and
    (ii) requests simultaneous translation of any oral proceedings.
    (2) If a Request for an Extraordinary Challenge Committee contains 
an allegation referred to in Article 10.12.13(a)(i) (Review of Final 
Antidumping and Countervailing Duty Determinations) of the Agreement, 
the identity of the panelist against whom such an allegation is made 
shall be revealed only in a confidential annex filed together with the 
Request and shall be disclosed only in accordance with Rule 60.
    43. (1) Every Request for an Extraordinary Challenge Committee 
(model form available from the Secretariat) shall be accompanied by:
    (a) those items of the record of the panel review relevant to the 
allegations contained in the Request; and
    (b) an Index of the items referred to in subrule (1)(a).
    (2) If a Request contains an allegation referred to in Article 
10.12.13(a)(i) (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement, the Request shall be accompanied by, 
in addition to the requirements of subrule (1),
    (a) any other material relevant to the allegations contained in the 
Request; and
    (b) if the Request is filed more than 30 days after the panel 
issued a Notice of Final Panel Action pursuant to Rule 81(2) of the 
Article 10.12 Binational Panel Rules, an affidavit certifying that the 
Party gained knowledge of the action of the panelist giving rise to the 
allegation no more than 30 days preceding the filing of the Request.

Notices of Appearance

    44. (1) No later than 10 days after the Request for an 
Extraordinary Challenge Committee is filed, a Party or participant in 
the panel review who proposes to participate in the extraordinary 
challenge proceeding shall file with the responsible Secretariat a 
Notice of Appearance (model form available from the Secretariat) 
containing the following information:
    (a) the name of the Party or participant, name of counsel, service 
address, telephone number and electronic mail address;
    (b) a statement as to whether appearance is made:
    (i) in support of the Request, or
    (ii) in opposition to the Request; and
    (c) if the extraordinary challenge is in respect of a panel review 
of a final determination 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 committee, and
    (ii) requests simultaneous translation of any oral proceedings.
    (2) If a Party or participant referred to in subrule (1) proposes 
to rely on a document in the record of the panel review that is not 
specified in the Index filed with the Request for an Extraordinary 
Challenge Committee, the Party or participant shall file, with the 
Notice of Appearance:
    (a) the document; and
    (b) a statement identifying the document and requesting its 
inclusion in the extraordinary challenge record.
    (3) On receipt of a document referred to in subrule (2), the 
responsible Secretary shall include the document in the extraordinary 
challenge record.
    45. (1) No later than 10 days after a Request for an Extraordinary 
Challenge Committee referred to in Article 10.12.13(a)(i) (Review of 
Final Antidumping and Countervailing Duty Determinations) of the 
Agreement is filed, a panelist against whom an allegation contained in 
the Request is made and who proposes to participate in the 
extraordinary challenge proceeding:
    (a) must file a Notice of Appearance;
    (b) may file, under seal, documents to be included in the 
extraordinary challenge record relevant to the panelist's defense 
against the allegation; and
    (c) may file an ex parte motion requesting that the extraordinary 
challenge proceeding be conducted in camera.
    (2) If a committee issues an order pursuant to subrule 49(1)(a), a 
panelist

[[Page 10205]]

who filed documents described in subrule (1)(b) may, no later than five 
days after issuance of the order, withdraw any of those documents.
    (3) If a panelist withdraws documents pursuant to subrule (2), the 
committee shall not consider those documents.

Filing and Content of Briefs and Appendices

    46. (1) The Party who has filed the Request for an Extraordinary 
Challenge Committee and every participant who has filed a Notice of 
Appearance under subrule 44(1)(b)(i) shall file a brief, setting forth 
grounds and arguments in support of the Request, no later than 21 days 
after the Request for an Extraordinary Challenge Committee is filed.
    (2) Every participant who has filed a Notice of Appearance under 
subrule 44(1)(b)(ii) shall file a brief, setting forth grounds and 
arguments in opposition to the Request for an Extraordinary Challenge 
Committee, no later than 21 days after the expiration of the time 
period for filing of briefs referred to in subrule (1).
    (3) The Party who has filed the Request for an Extraordinary 
Challenge Committee and every participant who has filed a Notice of 
Appearance under subrule 44(1)(b)(i) may file a brief, replying to the 
grounds and arguments set forth in the briefs filed pursuant to subrule 
(2), no later than 10 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) Every brief filed under this Rule shall be in the form required 
by Rule 47.
    (5) Appendices shall be filed with the briefs.
    47. (1) Briefs 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
    This Part shall contain a concise statement of the relevant facts 
with references to the panel record by page and, if applicable, by 
line.
Part III: A Statement of the Issues
    (a) in the brief of the Party who files the Request for an 
Extraordinary Challenge Committee, this part shall contain a concise 
statement of the issues; and
    (b) in the brief of any other participant, this part shall contain 
a concise statement of the position of the participant with respect to 
the issues.
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 panel 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) 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, all documents relied on from the panel record, and all 
other materials relied on.

Motions

    48. (1) Motions, other than motions referred to in subrule 
45(1)(c), may be considered at the discretion of the committee.
    (2) A committee may dispose of a motion based upon the pleadings 
filed on the motion.
    (3) A committee may hear oral argument in person or, subject to 
subrule 38(b), direct that a motion be heard by means of a telephone or 
video conference call with the participants.

Part III: Conduct of Oral Proceedings (Rules 49-52)

    49. (1) The order of a committee on a motion referred to in subrule 
45(1)(c) shall set out:
    (a) that the proceedings shall not be held in camera; or
    (b) that the proceedings shall be held in camera; and
    (i) that all the participants shall keep confidential all 
information received with respect to the extraordinary challenge 
proceeding and shall use the information solely for the purposes of the 
proceeding, and
    (ii) which documents containing personal information the 
responsible Secretary shall serve under seal and on whom the documents 
shall be served.
    (2) The responsible Secretary shall not serve any documents 
containing personal information until the time period for withdrawal of 
any documents pursuant to subrule 45(2) has expired.
    50. A committee may decide the procedures to be followed in the 
extraordinary challenge proceeding and may, for that purpose, hold a 
pre-hearing conference to determine such matters as the presentation of 
evidence and of oral argument.
    51. The decision as to whether oral argument will be heard shall be 
in the discretion of the committee.

Oral Proceedings in Camera

    52. During that part of oral proceedings in which proprietary 
information or privileged information is presented, a committee 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 or committee;
    (c) in the case of privileged information, a person as to whom the 
confidentiality of the privileged information has been waived; and
    (d) officials of, and counsel for, the investigating authority.

Part IV: Responsibilities of the Secretariat (Rules 53-64)

    53. 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, in the case of the:
    (a) Canadian Section of the Secretariat, legal holidays of that 
Section;
    (b) Mexican Section of the Secretariat, legal holidays of that 
Section; and
    (c) United States Section of the Secretariat, legal holidays of 
that Section.
    54. On the completion of the selection of the committee members, 
the responsible Secretary must notify the participants and the other 
involved Secretary of the names of the committee members.
    55. The responsible Secretary shall provide administrative support 
for each extraordinary challenge proceeding and shall make the 
arrangements necessary for meetings and any oral proceedings, 
including, if required, interpreters to provide simultaneous 
translation.
    56. Each involved Secretary must maintain a file for each 
extraordinary

[[Page 10206]]

challenge, comprised of either the original or a copy of all documents 
filed, whether or not filed in accordance with these Rules.
    57. The responsible Secretary shall forward to the other involved 
Secretary a copy of all documents filed with the responsible Secretary 
and of all orders and decisions issued by a committee.
    58. If under these Rules a responsible Secretary is required to 
publish a notice or other document in the official publication of the 
involved Parties, the responsible Secretary and the other involved 
Secretary shall cause the notice or the other document to be published 
in the official publication of the country in which that Section of the 
Secretariat is located.
    59. (1) If 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 an applicable Proprietary Information 
Access Order;
    (b) the inner wrapper or cover sheet of the document is clearly 
marked to indicate that it contains proprietary information or 
privileged information; and
    (c) access to the document is limited to:
    (i) in the case of proprietary information, officials of, and 
counsel for, the investigating authority, the person who submitted the 
proprietary information to the investigating authority and counsel of 
record for that person, and any persons who have been granted access to 
the information under a Proprietary Information Access Order, and
    (ii) in the case of privileged information relied upon in an 
extraordinary challenge of a decision of a panel with respect to a 
final determination made in the United States, committee members and 
their assistants and persons with respect to whom the panel ordered 
disclosure of the privileged information under Rule 56 of the Article 
10.12 Binational Panel Rules, if those persons have filed with the 
responsible Secretariat a Proprietary Information Access Order with 
respect to the document.
    (2) If a document containing personal 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 or cover sheet of the document is clearly 
marked to indicate that it contains personal information; and
    (c) access to the document is limited to persons granted access to 
the information pursuant to subrule 49(1)(b).
    60. No document filed in an extraordinary challenge proceeding 
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 committee.
    61. (1) Each involved Secretary shall permit access by any person 
to information in the file of an extraordinary challenge proceeding 
that is not proprietary information, privileged information or personal 
information.
    (2) Each involved Secretary shall, in accordance with the terms of 
any applicable Proprietary Information Access Order or order of a panel 
or committee, permit access to proprietary information, privileged 
information or personal information in the file of an extraordinary 
challenge proceeding.
    (3) Each involved Secretary shall, on request and on payment of the 
prescribed fee, provide copies of information in the file of an 
extraordinary challenge proceeding to any person who has been given 
access to that information.
    62. (1) If a Request for an Extraordinary Challenge Committee 
pursuant to Article 10.12.13(a)(ii) or (iii) (Review of Final 
Antidumping and Countervailing Duty Determinations) of the Agreement is 
filed with the responsible Secretariat, the responsible Secretary 
shall, upon receipt thereof,
    (a) forward a copy of the Request and Index to the other involved 
Secretary; and
    (b) serve a copy of the Request and Index on the other involved 
Party and on the participants in the panel review, together with a 
statement setting out the date on which the Request was filed and 
stating that all briefs of:
    (i) the Party who has filed the Request and of every participant 
who files a Notice of Appearance in support of the Request shall be 
filed no later than 21 days after the date of filing of the Request,
    (ii) every participant who files a Notice of Appearance in 
opposition to the Request shall be filed no later than 21 days after 
the expiration of the time period, referred to in subrule (1)(b)(i), 
for filing of briefs, and
    (iii) the Party who has filed the Request and of every participant 
who files a brief under subrule (1)(b)(i) in reply to the grounds and 
arguments set forth in the briefs filed pursuant to subrule (1)(b)(ii), 
shall be filed no later than 10 days after the expiration of the time 
period, referred to in subrule (1)(b)(ii), for filing of briefs.
    (2) If a Request for an Extraordinary Challenge Committee pursuant 
to Article 10.12.13(a)(i) (Review of Final Antidumping and 
Countervailing Duty Determinations) of the Agreement is filed, the 
responsible Secretary shall, upon receipt thereof,
    (a) forward a copy of the Request, Index and annex to the other 
involved Secretary; and
    (b) serve a copy of the Request, Index and annex on the other 
involved Party, on the panelist against whom the allegation contained 
in the Request is made and on the participants in the panel review, 
together with a statement setting out the date on which the Request was 
filed and stating that all briefs of:
    (i) the Party who has filed the Request and of every participant 
who files a Notice of Appearance in support of the Request shall be 
filed no later than 21 days after the date of filing of the Request,
    (ii) every participant who files a Notice of Appearance in 
opposition to the Request shall be filed no later than 21 days after 
the expiration of the time period, referred to in subrule (2)(b)(i), 
for filing of briefs, and
    (iii) the Party who has filed the Request and of every participant 
who files a brief under subrule (2)(b)(i) in reply to the grounds and 
arguments set forth in the briefs filed pursuant to subrule (2)(b)(ii) 
shall be filed no later than 10 days after the expiration of the time 
period, referred to in subrule (2)(b)(ii), for filing of briefs.
    (3) The responsible Secretary must serve orders and decisions of a 
committee and Notices of Completion of Extraordinary Challenge on the 
participants.
    (4) If the decision of a committee referred to in subrule (3) 
relates to a panel review of a final determination made in Canada, the 
decision shall be served by registered mail.
    63. The responsible Secretary must cause Notice of a Final Decision 
of a committee issued pursuant to Rule 67, and any order that the 
committee directs the Secretary to publish, to be published in the 
official publications of the involved Parties.
    64. If the time period fixed for filing an ex parte motion referred 
to in subrule 45(1)(c) has expired, the responsible Secretary shall 
serve on all participants:

[[Page 10207]]

    (a) if no motion is filed pursuant to that subrule, the documents 
referred to in Rules 43 and 45;
    (b) if the committee issues an order referred to in subrule 
49(1)(a), the documents referred to in Rules 43 and 45 in accordance 
with any order of the committee; and
    (c) if the committee issues an order referred to in subrule 
49(1)(b), the documents referred to in Rules 43 and 45, in accordance 
with subrule 49(1)(b)(ii) and any order made by the committee.

Part V: Orders and Decisions (Rules 65-67)

    65. All orders and decisions of a committee shall be made by a 
majority of the votes of all committee members.
    66. (1) If a participant files a Notice of Motion requesting 
dismissal of an extraordinary challenge proceeding, the committee may 
issue an order dismissing the proceeding.
    (2) If all the participants consent to the motion referred to in 
subrule (1) and an affidavit to that effect is filed, or if all 
participants file Notices of Motion requesting dismissal, the 
extraordinary challenge proceeding is terminated.
    67. (1) A final decision of a committee shall:
    (a) affirm the decision of the panel;
    (b) vacate the decision of the panel; or
    (c) remand the decision of the panel to the panel for action not 
inconsistent with the final decision of the committee.
    (2) Every final decision of a committee shall be issued in writing 
with reasons, together with any dissenting or concurring opinions of 
the committee members.
    (3) Subrule (2) shall not be construed as prohibiting the oral 
delivery of the decision of a committee.

Part VI: Completion of Extraordinary Challenges (Rules 68-73)

    68. If all participants consent to the termination of the 
proceeding pursuant to Rule 66, the responsible Secretary shall cause 
to be published in the official publications of the involved Parties a 
Notice of Completion of Extraordinary Challenge, effective on the day 
after the day on which the requirements of Rule 66 have been met.
    69. If a committee issues its final decision, the responsible 
Secretary shall cause to be published in the official publications of 
the involved Parties a Notice of Completion of Extraordinary Challenge, 
effective on the day after the day on which:
    (a) the committee affirms the decision of the panel;
    (b) the committee vacates the decision of the panel; or
    (c) if the committee remands the decision of the panel, the day the 
responsible Secretary gives notice to the committee that the panel has 
given notice that it has taken action not inconsistent with the 
committee's decision.
    70. The committee members are discharged from their duties on the 
day on which a Notice of Completion of Extraordinary Challenge is 
effective.

Stays and Suspensions

    71. (1) A Party may make a request, pursuant to Article 
10.13.11(a)(ii) (Safeguarding the Panel Review System) of the 
Agreement, that an ongoing extraordinary challenge proceeding 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 
extraordinary challenge proceedings to all participants in the 
extraordinary challenge proceedings; and
    (b) publish a notice of the stay of the extraordinary challenge 
proceedings in the official publications of the involved Parties.
    72. On receipt of a report containing an affirmative finding with 
respect to a ground specified in Article 10.13.1 (Safeguarding the 
Panel Review System) of the Agreement, the responsible Secretary for 
extraordinary challenge proceedings referred to in Article 
10.13.11(a)(i) (Safeguarding the Panel Review System) of the Agreement 
shall:
    (a) immediately give notice in writing to all participants in those 
proceedings; and
    (b) publish a notice of the affirmative finding in the official 
publications of the involved Parties.
    73. (1) A Party who intends to suspend the operation of Article 
10.12 (Review of Final Antidumping and Countervailing Duty 
Determinations) of the Agreement pursuant to Articles 10.13.8 or 
10.13.9 (Safeguarding the Panel Review System) of the Agreement shall 
endeavor 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.

RULES OF PROCEDURE FOR ARTICLE 10.13

(SPECIAL COMMITTEES)

Application

    1. These Rules are established in accordance with Annex 10-B.4 
(Special Committee Procedures) of the Agreement and apply to all 
special committee proceedings conducted pursuant to Article 10.13 
(Safeguarding the Panel Review System) of the Agreement. These Rules 
will be published in Canada in the Canada Gazette, in Mexico in the 
Diario Oficial de la Federaci[oacute]n, and in the United States in the 
Federal Register.

Short Title

    2. These Rules may be cited as the Special Committee Rules.

Statement of General Intent

    3. These Rules apply to special committee proceedings conducted 
pursuant to Article 10.13 (Safeguarding the Panel Review System) of the 
Agreement, unless the involved Parties otherwise agree. If a procedural 
question arises that is not covered by these Rules, a special committee 
may adopt an appropriate procedure that is not inconsistent with the 
Agreement.
    4. In the event of any inconsistency between these Rules and the 
Agreement, the Agreement shall prevail.

Definitions and Interpretation

    5. For the purposes of these Rules:
    Agreement means the Agreement signed between Canada, Mexico, and 
the United States on November 30, 2018, as amended;
    Code of Conduct means the code of conduct established by the 
Parties pursuant to Article 10.17 (Code of Conduct) of the Agreement;
    Complaining Party means a Party who requests, pursuant to Article 
10.13.2 (Safeguarding the Panel Review System) of the Agreement, that a 
special committee be established;
    involved Secretariat means the responsible Secretariat or the 
Section of the Secretariat located in the country of the other involved 
Party;
    legal holiday, for a Party's Section of the Secretariat, means 
every Saturday, Sunday, and any other day designated by that Party as a 
holiday for the purposes of these Rules and notified by that Party to 
its Section of the Secretariat and by that Section to the other 
Sections of the Secretariat and the other Parties;
    official publication means in the case of the Government of:
    (a) Canada, the Canada Gazette;

[[Page 10208]]

    (b) Mexico, the Diario Oficial de la Federaci[oacute]n; and
    (c) the United States, the Federal Register;
    Party means the Government of Canada, the Government of Mexico or 
the Government of the United States;
    Responding Party means the Party against whom an allegation is made 
under Article 10.13.1 (Safeguarding the Panel Review System) of the 
Agreement;
    responsible Secretariat means the Section of the Secretariat of the 
Responding Party;
    responsible Secretary means the Secretary of the responsible 
Secretariat;
    Secretariat means the Secretariat established pursuant to Article 
30.6 (The Secretariat) 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; and
    special committee means a special committee established pursuant to 
Article 10.13 (Safeguarding the Panel Review System) of the Agreement.
    6. The definitions set forth in Article 10.8 (Definitions) of the 
Agreement apply to these Rules.
    7. When these Rules require that notice be given, it must be given 
in writing.

Code of Conduct

    8. Candidates being considered for appointment to a special 
committee, special committee members and their assistants, and staff, 
must comply with the Code of Conduct established under Article 10.17 
(Code of Conduct) of the Agreement.
    9. The responsible Secretariat shall provide a copy of the Code of 
Conduct to each candidate being considered for appointment to serve as 
a special committee member, and to each individual selected to serve as 
a special committee member as well as to their assistants and staff.
    10. If a Party believes that a special committee member, assistant, 
or staff to a special committee member is in violation of the Code of 
Conduct, the Party shall immediately 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.

Internal Functioning of Special Committees

    11. (1) Subject to subrule (2), unless the involved Parties 
otherwise agree, special committee meetings shall take place at the 
offices of the responsible Secretariat or at such alternative location 
as the special committee members may agree.
    (2) A special committee may conduct meetings or exchange 
information by any means, including by electronic mail, telephone, or 
video conference.
    12. The members of a special committee must select from among 
themselves a chair, who must preside over all meetings and hearings of 
the special committee.
    13. The chair of the special committee must fix the date and time 
of its meetings in consultation with other special committee members 
and the responsible Secretary.
    14. All reports, findings, determinations, and decisions of a 
special committee shall be made or issued by a majority vote of all 
members of the special committee.
    15. A special committee proceeding commences on the day on which a 
request for a special committee is filed with the responsible 
Secretariat and terminates on the day on which a notice of completion 
of the special committee proceeding is issued pursuant to Rule 43.
    16. (1) A special committee may adopt internal procedures of its 
own, not inconsistent with these Rules, for routine administrative 
matters.
    (2) A special committee may delegate to its chair the authority to 
make decisions regarding internal procedures or routine administrative 
matters.
    17. The terms of reference of a special committee shall be limited 
to:
    (a) making a finding as to whether any allegations set out in 
Article 10.13.1 (Safeguarding the Panel Review System) of the Agreement 
made by the Complaining Party regarding the application of the 
Responding Party's domestic law are substantiated;
    (b) determining whether a suspension of benefits by the Complaining 
Party pursuant to Article 10.13.8(b) (Safeguarding the Panel Review 
System) of the Agreement is manifestly excessive; and
    (c) determining whether the Responding Party has corrected a 
problem with respect to which the special committee has made an 
affirmative finding.

Special Committee Remuneration and Expenses

    18. (1) The involved Parties shall bear equally the remuneration 
and expenses of special committee members selected pursuant to Article 
10.13.5 (Safeguarding the Panel Review System), and of their 
assistants, and all administrative expenses of the committee.
    (2) Unless the involved Parties agree otherwise, remuneration for 
special committee members shall be paid at the rate for non-
governmental panelists used by the WTO on the date a request for 
Special Committee is made pursuant to Article 10.13 (Safeguarding the 
Panel Review System).
    (3) Unless the involved Parties agree otherwise, travel expenses 
shall be paid at the Daily Subsistence Allowance rate for the location 
of the hearing established by the United Nations International Civil 
Service Commission on the date a request for Special Committee is made 
pursuant to Article 10.13 (Safeguarding the Panel Review System).
    (4) Each special committee member may hire one assistant to provide 
research, translation, or interpretation support, unless a special 
committee member requires an additional assistant and the involved 
Parties agree that, due to exceptional circumstances, the special 
committee member should be permitted to hire an additional assistant. 
Each assistant to a special committee member shall be paid at a rate of 
one-fifth the rate for a special committee member.
    (5) The expenses authorized for a special committee established 
pursuant to Article 10.13 (Safeguarding the Panel Review System), shall 
be as follows:
    (f) travel expenses: include the transportation costs of the 
special committee members and assistants, their accommodations and 
meals, as well as related taxes and insurance. Travel arrangements 
shall be made and travel expenses reimbursed, in accordance with the 
administrative guidelines applied by the responsible Secretariat; and
    (g) administrative expenses: include, among others, telephone 
calls, courier services, fax, stationery, rent of locations used for 
hearings and deliberations, interpreter services, court reporters, or 
any other person or service contracted by the responsible Secretariat 
to support the proceeding.
    (6) Each special committee member and assistant shall keep and 
render a final account of his or her time and expenses to the 
responsible Secretariat, and the special committee shall keep and 
render a final account to the responsible Secretariat of its 
administrative expenses. Each special committee member and assistant 
shall submit this account, including relevant supporting documentation, 
such as invoices, in accordance with the administrative guidelines of 
the responsible Secretariat. A special

[[Page 10209]]

committee member or assistant may submit requests for payment of 
remuneration or reimbursement for expenses during the proceeding on a 
recommended quarterly basis throughout an ongoing dispute. Special 
committee members and assistants should submit any final requests for 
payment of remuneration or reimbursement within 60 days of the filing 
of a notice of completion of the special committee proceeding.
    (7) All requests for payment shall be subject to review by the 
responsible Secretariat. The responsible Secretariat shall make 
payments for the remuneration of special committee members and 
assistants, and for expenses in accordance with the administrative 
guidelines applied by the responsible Secretariat, using resources 
provided equally by the involved Parties, and in coordination with the 
involved Parties. No responsible Secretariat shall be obligated to pay 
any remuneration or expense in connection with a special committee 
prior to receiving the contributions of the involved Parties.
    (8) The responsible Secretariat shall submit to the involved 
Parties a final report on payments made in connection with a dispute. 
On request of an involved Party, the responsible Secretariat shall 
submit to the involved Parties a report of payments made to date at any 
time during the special committee proceedings.
    (9) In case of resignation or removal of a special committee member 
or assistant, the responsible Secretariat will make payment of the 
remuneration and expenses owed up until the date of resignation or 
removal of this special committee member or assistant, using resources 
provided equally by the involved Parties. A special committee member's 
or assistant's final account of time or expenses must follow the 
procedures in paragraph 6 and should be submitted within 60 days of the 
date of their resignation or removal.

Filing, Service, and Communications

    19. A document to be filed by an involved Party must be filed 
either physically, with two copies, or electronically, with the 
responsible Secretariat, and must also:
    (a) be served on the other involved Party by express courier, 
overnight mail, or by any other means agreed upon by the involved 
Parties; and
    (b) when filed, be accompanied by a proof of service certifying 
that the document has been served on the other involved Party, 
indicating the manner, date, and time of service.

Written Submissions

    20. All written submissions and responses filed with a responsible 
Secretariat shall be accompanied by two copies thereof.
    21. (1) A request for the establishment of a special committee 
under Article 10.13.2 (Safeguarding the Panel Review System) of the 
Agreement shall be made by filing the request with the responsible 
Secretariat.
    (2) On the filing of a request under subrule (1), the responsible 
Secretary and the other involved Secretary shall cause a notice of the 
filing of the request to be published in the official publications of 
the countries in which their Sections of the Secretariat are located.
    22. The written initial submission of a Complaining Party shall be 
filed with the responsible Secretariat no later than 10 days after the 
date on which the last member of the special committee is appointed.
    23. A written response by the Responding Party shall be filed with 
the responsible Secretariat no later than 20 days after the filing of 
the initial submission of the Complaining Party.
    24. A special committee may allow each involved Party the 
opportunity to make an equal number of further written submissions, no 
later than such time as may be fixed by the special committee, having 
regard to the time limits fixed by Annex 10-B.4 (Special Committee 
Procedures) of the Agreement.
    25. The responsible Secretary must forward to the other involved 
Secretary a copy of all documents filed with the responsible 
Secretariat and of all reports, findings, determinations, and decisions 
issued by the special committee.

Hearings

    26. (1) At least one hearing shall be held before the special 
committee presents its initial report.
    (2) The date and time of hearings shall be fixed by the special 
committee in consultation with the involved Parties and the responsible 
Secretary.
    (3) A verbatim transcript shall be taken of all hearings.
    27. Unless the involved Parties otherwise agree, special committee 
hearings shall take place at the offices of the responsible 
Secretariat.
    28. (1) All special committee members must be present during 
hearings.
    (2) No later than five days before the date of a hearing, each 
involved Party shall deliver to the responsible Secretariat and to the 
other involved Party a list of the names of the persons who will 
present oral arguments at the hearing on behalf of that Party and of 
other representatives or advisers of the Party who will be attending 
the hearing.
    29. Oral proceedings shall be conducted in the following order, 
ensuring that each involved Party is given equal time:
    (a) the argument of the Complaining Party;
    (b) the argument of the Responding Party;
    (c) a reply of the Complaining Party; and
    (d) a counter-reply of the Responding Party.
    30. At the request of an involved Party or at the initiative of the 
special committee, with the agreement of both involved Parties, and 
subject to such terms and conditions as both involved Parties may agree 
upon, the special committee may call upon any person to provide 
information concerning the matter in dispute.

Language of Proceedings

    31. Written and oral proceedings may be in either English, French, 
or Spanish, or in any combination thereof.
    32. Unless the involved Parties otherwise agree, the reports, 
findings, determinations, and decisions of a special committee shall be 
issued in an official language of the Responding Party and, if 
necessary, shall be promptly translated into an official language of 
the other involved Party.

Special Committee Deliberations

    33. (1) The deliberations of a special committee shall take place 
in private and remain confidential.
    (2) Only special committee members may take part in the 
deliberations of a special committee.
    (3) Staff of the involved Secretariats, assistants to the special 
committee members, and any necessary support staff may be present 
during deliberations of a special committee by permission of the 
special committee.

Reports

    34. (1) In accordance with paragraph (b) of Annex 10-B.4 (Special 
Committee Procedures) of the Agreement, a special committee must 
prepare and present to the involved Parties an initial report, wherever 
practicable, no later than 60 days after the appointment of the last 
member of the special committee.
    (2) The involved Parties may comment in writing or, at the request 
of the special committee, orally, on an initial report of a special 
committee no later than 14 days after the initial report is presented.
    35. An initial report of a special committee shall be kept 
confidential.

[[Page 10210]]

    36. (1) A special committee must issue a final report, together 
with any separate opinions rendered by individual special committee 
members, no later than 30 days after the presentation of its initial 
report.
    (2) Any separate opinions rendered by individual special committee 
members must be anonymous.
    (3) On the issuance of a final report under subrule (1), the 
responsible Secretary must immediately forward copies of the report to 
the involved Parties.
    (4) Unless the involved Parties otherwise agree:
    (a) no later than 10 days after the final report is forwarded to 
the involved Parties, the involved Secretaries must cause a notice that 
a final report has been issued by a special committee to be published 
in the official publications of the involved Parties, indicating that 
copies of the report and of any separate opinions by individual special 
committee members and written views of either involved Party are 
available to the public at the offices of the responsible Secretariat; 
and
    (b) the responsible Secretariat must make available to the public 
copies of the final report of a special committee, together with any 
separate opinions by individual special committee members, and any 
written views that either involved Party may wish to be published.

Reconvening of Special Committee

    37. If a special committee has made an affirmative finding with 
respect to grounds specified in Article 10.13.1 (Safeguarding the Panel 
Review System) of the Agreement, a Responding Party may request that 
the special committee be reconvened by filing a request with the 
responsible Secretariat, if the Responding Party is requesting that the 
special committee determine whether:
    (a) the Responding Party has corrected a problem with respect to 
which the special committee has made an affirmative finding, at any 
time after the affirmative finding was made; or
    (b) a suspension of benefits by the Complaining Party under Article 
10.13.8 (Safeguarding the Panel Review System) of the Agreement is 
manifestly excessive, at any time after the suspension was made.
    38. (1) If a request referred to in subrule 37(a) is filed before 
the fortieth day of the 60-day consultation period referred to in 
Article 10.13.8 (Safeguarding the Panel Review System) of the 
Agreement, the special committee must endeavor to present a report 
containing its determination to the involved Parties before the 
sixtieth day of that period, and may for that purpose make such orders 
as to filing of written submissions and responses and the holding of a 
hearing as the special committee considers necessary under the 
circumstances.
    (2) Rules 39 to 41 apply with respect to requests referred to in 
subrule 37(a) that are filed on or after the fortieth day of the 60-day 
consultation period referred to in Article 10.13.8 (Safeguarding the 
Panel Review System) of the Agreement and to requests referred to in 
subrule 37(b).
    39. (1) At the time of filing a request pursuant to Rule 37, the 
Responding Party shall file a written submission in support of the 
request.
    (2) A Complaining Party shall file a written response to a 
submission referred to in subrule (1) no later than 20 days after that 
submission is filed.
    40. (1) At the time of filing a request pursuant to Rule 37 or a 
written response pursuant to subrule 39(2), an involved Party may 
request an opportunity to present oral argument in support of its 
request or response.
    (2) If an involved Party requests an opportunity to present oral 
argument pursuant to subrule (1), the special committee may hold a 
hearing, at which both involved Parties shall be granted an equal 
opportunity to present oral argument.
    41. The special committee must, no later than 45 days of the filing 
of a request pursuant to Rule 37, present to the involved Parties a 
written report containing its determination pursuant to Article 
10.13.10 (Safeguarding the Panel Review System) of the Agreement.
    42. Subrules 36(2) to (4) apply, with such modifications as are 
necessary, to reports referred to in subrule 38(1) and Rule 41.

Completion of Special Committee Proceedings

    43. (1) On completion of a special committee proceeding, as 
determined by the special committee in consultation with the involved 
Parties, the special committee must request the responsible Secretary 
to issue a notice of completion of the proceeding.
    (2) A notice referred to in subrule (1) is effective the day after 
it is issued.
    (3) The responsible Secretary must cause a notice issued under 
subrule (1) to be published in the official publications of the 
involved Parties.
    44. The members of a special committee are discharged from their 
duties on the day on which a notice of completion of the special 
committee proceeding is effective.

Confidentiality

    45. All written submissions to, and communications with, a special 
committee and all documents filed with the involved Secretariats shall 
be kept confidential.
    46. (1) All hearings of a special committee, and all transcripts 
thereof, shall be kept confidential.
    (2) It is the responsibility of each involved Party to ensure that 
the persons attending oral proceedings of a special committee on its 
behalf maintain the confidentiality of the proceedings.

Ex Parte Contacts

    47. (1) No special committee or member of a special committee shall 
meet or contact one involved Party in the absence of the other involved 
Party.
    (2) No special committee member shall discuss a matter before the 
special committee with the involved Parties in the absence of other 
special committee members.

Extension and Computation of Time

    48. A time period fixed by these Rules may be extended with the 
consent of both involved Parties or by a decision of a special 
committee.
    49. (1) In computing any time period fixed in or under these Rules, 
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) If the last day of a time period computed in accordance with 
subrule (1) falls on a legal holiday of the responsible Secretariat or 
on any other day on which the offices of that Section are closed by 
order of the government or because of unforeseen circumstances outside 
that Party's control, that day and any other legal holidays of the 
responsible Secretariat immediately following that day shall be 
excluded from the computation.
    (3) In computing any time period of five days or less fixed in 
these Rules or by a decision of a special committee, any legal holiday 
or any other day on which the offices of that Section are closed by 
order of the government or because of unforeseen circumstances outside 
that Party's control, that falls within the time period shall be 
excluded from the computation.

Responsibilities of the Responsible Secretary

    50. The responsible Secretary shall provide administrative support 
for each special committee proceeding and shall make the arrangements 
necessary for the hearings and meetings of the special committee, 
including the provision of court reporters and, if required,

[[Page 10211]]

interpreters to provide simultaneous translation.
    51. The responsible Secretary must maintain a file for each special 
committee proceeding, comprised of the original or a copy of all 
documents filed, whether or not filed in accordance with these Rules, 
in the special committee proceeding.

Death or Incapacity

    52. If a special committee member is disqualified, dies, or 
otherwise becomes unable to fulfil special committee duties:
    (a) special committee proceedings and computations of time shall be 
suspended, pending the appointment of a substitute special committee 
member; and
    (b) if the disability, disqualification or death occurs after oral 
argument has begun, the chair may order that the matter be reheard, on 
such terms as are appropriate, after selection of a substitute special 
committee member.

Translation and Interpretation

    53. (1) Subject to Rule 54, each involved Party shall, within a 
reasonable period of time:
    (a) after the appointment of the last special committee member, 
advise the responsible Secretary in writing of the language in which 
its written submissions will be made and in which it wishes to receive 
the written submissions of the other involved Party; and
    (b) before the date of a hearing, advise the responsible Secretary 
in writing of the language in which it will present oral arguments at 
the hearing and in which it wishes to hear oral arguments.
    (2) On receipt of an advisement submitted pursuant to subrule (1), 
the responsible Secretary must promptly notify the other involved 
Secretary, the other involved Party and the special committee.
    54. (1) In lieu of the procedure set out in Rule 53, a Party may 
advise its Secretary of the language in which:
    (a) its written submissions will be made in all special committee 
proceedings and in which it wishes to receive written submissions of 
any other Party involved in a special committee proceeding; and
    (b) it will present oral arguments, and in which it wishes to hear 
oral arguments, at all special committee hearings.
    (2) On receipt of an advisement submitted pursuant to subrule (1), 
a Secretary must promptly notify the other Secretaries and Parties 
accordingly.
    55. If the responsible Secretary is advised that written 
submissions or oral arguments in a special committee proceeding will be 
in more than one language or on the basis of a request of a special 
committee member, the responsible Secretary must arrange for the 
translation of the written submission(s) or for the provision of 
interpreters to provide simultaneous translation at the hearing, as the 
case may be.
    56. Any time period applicable to a special committee proceeding 
shall be suspended for the period necessary to complete the translation 
of any written submission.
    57. (1) The costs incurred in the preparation of a translation of a 
written submission shall be borne by the Party filing the submission.
    (2) Costs for interpretation of oral arguments and for the 
translation of the special committee's reports shall be shared equally 
by the involved Parties.

[FR Doc. 2023-03272 Filed 2-15-23; 8:45 am]
BILLING CODE 3390-F3-P