Article 1911: Definitions

For purposes of this Chapter:

administrative record means, unless otherwise agreed by the

Parties and the other persons appearing before a panel:

(a) all documentary or other information presented to or

obtained by the competent investigating authority in

the course of the administrative proceeding, including

any governmental memoranda pertaining to the case, and

including any record of ex parte meetings as may be

required to be kept;

(b) a copy of the final determination of the competent

investigating authority, including reasons for the

determination;

(c) all transcripts or records of conferences or hearings

before the competent investigating authority; and

(d) all notices published in the official journal of the

importing party in connection with the administrative

proceeding;

antidumping statute as referred to in Articles 1902 and 1903

means "antidumping statute" as defined in Annex 1911;

competent investigating authority means "competent investigating

authority" of a Party, as defined in Annex 1911;

countervailing duty statute as referred to in Articles 1902 and

1903 means "countervailing duty statute" as defined in Annex

1911;

domestic law for the purposes of Article 1905(1) means a Party's

constitution, statutes, regulations and judicial decisions to the

extent they are relevant to the antidumping and countervailing

duty laws;

final determination means "final determination" as defined in

Annex 1911;

foreign interests includes exporters or producers of the Party

whose goods are the subject of the proceeding or, in the case of

a countervailing duty proceeding, the government of the Party

whose goods are the subject of the proceeding;

general legal principles includes principles such as standing,

due process, rules of statutory construction, mootness and

exhaustion of administrative remedies;

importing Party means the Party that issued the final

determination;

involved Party means:

(a) the importing Party; or

(b) a Party whose goods are the subject of the final

determination;

remand means a referral back for a determination not inconsistent

with the panel or committee decision; and

standard of review means the standards set out in Annex 1911, as

may be amended from time to time by a Party.

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ANNEX 1901.2

Establishment of Binational Panels

1. Prior to the date of entry into force of this Agreement, the

Parties shall develop a roster of individuals to serve as

panelists in disputes under this Chapter. The roster shall

include sitting or retired judges to the fullest extent

practicable. The Parties shall consult in developing the roster,

which shall include at least 75 candidates. Each Party shall

select at least 25 candidates, and all candidates shall be

citizens of Canada, the United States or Mexico. Candidates

shall be of good character, high standing and repute, and shall

be chosen strictly on the basis of objectivity, reliability,

sound judgment and general familiarity with international trade

law. Candidates shall not be affiliated with a Party, and in no

event shall a candidate take instructions from a Party. Judges

shall not be considered to be affiliated with a Party. The

Parties shall maintain the roster, and may amend it, when

necessary, after consultations.

2. A majority of the panelists on each panel shall be lawyers

in good standing. Within 30 days of a request for a panel, each

involved Party shall appoint two panelists, in consultation with

the other involved Party. The involved Parties normally shall

appoint panelists from the roster. If a panelist is not selected

from the roster, the panelist shall be chosen in accordance with

and be subject to the criteria of paragraph 1. Each involved

Party shall have the right to exercise four peremptory

challenges, to be exercised simultaneously and in confidence,

disqualifying from appointment to the panel up to four candidates

proposed by the other involved Party. Peremptory challenges and

the selection of alternative panelists shall occur within 45 days

of the request for the panel. If an involved Party fails to

appoint its members to a panel within 30 days or if a panelist is

struck and no alternative panelist is selected within 45 days,

such panelist shall be selected by lot on the 31st or 46th day,

as the case may be, from that Party's candidates on the roster.

3. Within 55 days of the request for a panel, the involved

Parties shall agree on the selection of a fifth panelist. If the

involved Parties are unable to agree, they shall decide by lot

which of them shall select, by the 61st day, the fifth panelist

from the roster, excluding candidates eliminated by peremptory

challenges.

4. Upon appointment of the fifth panelist, the panelists shall

promptly appoint a chairman from among the lawyers on the panel

by majority vote of the panelists. If there is no majority vote,

the chairman shall be appointed by lot from among the lawyers on

the panel.

5. Decisions of the panel shall be by majority vote and based

upon the votes of all members of the panel. The panel shall

issue a written decision with reasons, together with any

dissenting or concurring opinions of panelists.

6. Panelists shall be subject to the code of conduct

established pursuant to Article 1909. If an involved Party

believes that a panelist is in violation of the code of conduct,

the involved Parties shall consult and if they agree, the

panelist shall be removed and a new panelist shall be selected in

accordance with the procedures of this Annex.

7. When a panel is convened pursuant to Article 1904 each

panelist shall be required to sign:

(a) an application for protective order for information

supplied by the United States or its persons covering

business proprietary and other privileged information;

(b) an undertaking for information supplied by Canada or

its persons covering confidential, personal, business

proprietary and other privileged information; or

(c) an undertaking for information supplied by Mexico or

its persons covering confidential, business

proprietary, and other privileged information.

8. Upon a panelist's acceptance of the obligations and terms of

an application for protective order or disclosure undertaking,

the importing Party shall grant access to the information covered

by such order or disclosure undertaking. Each Party shall

establish appropriate sanctions for violations of protective

orders or disclosure undertakings issued by or given to any

Party. Each Party shall enforce such sanctions with respect to

any person within its jurisdiction. Failure by a panelist to

sign a protective order or disclosure undertaking shall result in

disqualification of the panelist.

9. If a panelist becomes unable to fulfill panel duties or is

disqualified, proceedings of the panel shall be suspended pending

the selection of a substitute panelist in accordance with the

procedures of this Annex.

10. Subject to the code of conduct established pursuant to

Article 1909, and provided that it does not interfere with the

performance of the duties of such panelist, a panelist may engage

in other business during the term of the panel.

11. While acting as a panelist, a panelist may not appear as

counsel before another panel.

12. With the exception of violations of protective orders or

disclosure undertakings, signed pursuant to paragraph 7,

panelists shall be immune from suit and legal process relating to

acts performed by them in their official capacity.

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ANNEX 19O3.2

Panel Procedures Under Article 1903

1. The panel shall establish its own rules of procedure unless

the Parties otherwise agree prior to the establishment of that

panel. The procedures shall ensure a right to at least one

hearing before the panel, as well as the opportunity to provide

written submissions and rebuttal arguments. The proceedings of

the panel shall be confidential, unless the two Parties otherwise

agree. The panel shall base its decisions solely upon the

arguments and submissions of the two Parties.

2. Unless the Parties otherwise agree, the panel shall, within

90 days after its chairman is appointed, present to the two

Parties an initial written declaratory opinion containing

findings of fact and its determination pursuant to Article 1903.

3. If the findings of the panel are affirmative, the panel may

include in its report its recommendations as to the means by

which the amending statute could be brought into conformity with

the provisions of Article 1902(2)(d). In determining what, if

any, recommendations are appropriate, the panel shall consider

the extent to which the amending statute affects interests under

this Agreement. Individual panelists may provide separate

opinions on matters not unanimously agreed. The initial opinion

of the panel shall become the final declaratory opinion, unless a

Party to the dispute requests a reconsideration of the initial

opinion pursuant to paragraph 4.

4. Within 14 days of the issuance of the initial declaratory

opinion, a Party to the dispute disagreeing in whole or in part

with the opinion may present a written statement of its

objections and the reasons for those objections to the panel. In

such event, the panel shall request the views of both Parties and

shall reconsider its initial opinion. The panel shall conduct

any further examination that it deems appropriate, and shall

issue a final written opinion, together with dissenting or

concurring views of individual panelists, within 30 days of the

request for reconsideration.

5. Unless the Parties to the dispute otherwise agree, the final

declaratory opinion of the panel shall be made public, along with

any separate opinions of individual panelists and any written

views that either Party may wish to be published.

6. Unless the Parties to the dispute otherwise agree, meetings

and hearings of the panel shall take place at the office of the

amending Party's Section of the Secretariat.

ANNEX 1904.13

Extraordinary Challenge Procedure

1. The involved Parties shall establish an extraordinary

challenge committee, composed of three members, within 15 days of

a request pursuant to Article 1904(13). The members shall be

selected from a 15-person roster comprised of judges or former

judges of a federal judicial court of the United States or a

judicial court of superior jurisdiction of Canada, or a Federal

Judicial Court of Mexico. Each Party shall name five persons to

this roster. Each involved Party shall select one member from

this roster and the involved Partie's shall decide by lot which

of them shell select the third member from the roster.

2. The Parties shall establish by the date of entry into force

of the Agreement rules of procedure for committees. The rules

shall provide for a decision of a committee within 90 days of its

establishment.

3. Committee decisions shall be binding on the Parties with

respect to the particular matter between the Parties that was

before the panel. After examination of the legal and factual

analysis underlying the findings and conclusions of the panel's

decision in order to determine whether one of the grounds set out

in Article 1904(13) has been established, and upon finding that

one of those grounds has been established, the committee shall

vacate the original panel decision or remand it to the original

panel for action not inconsistent with the committee's decision;

if the grounds are not established, it shall deny the challenge

and, therefore, the original panel decision shall stand affirmed.

If the original decision is vacated, a new panel shall be

established pursuant to Annex 1901.2.

=============================================================================

ANNEX 1904.15(d)

Amendments to Domestic Laws

Part A - Schedule of Canada

1. Canada shall amend sections 56 and 58 of the Special Import

Measures Act, as amended, to allow the United States or Mexico or

a United States or a Mexican manufacturer, producer, or exporter,

without regard to payment of duties, to make a written request

for a re-determination; and section 59 to require the Deputy

Minister to make a ruling on a request for a redetermination

within one year of a request to a designated officer or other

customs officer;

2. Canada shall amend section 18.3(1) of the Federal Court Act,

as amended, to render that section inapplicable to the United

States and to Mexico; and shall provide in its statutes or

regulations that persons (including producers of goods subject to

an investigation) have standing to ask Canada to request a panel

review where such persons would be entitled to commence domestic

procedures for judicial review if the final determination were

reviewable by the Federal Court pursuant to section 18.1(4);

3. Canada shall amend the Special Import Measures Act, as

amended, and any other relevant provisions of law, to provide

that the following actions of the Deputy Minister shall be deemed

for the purposes of this Article to be final determinations

subject to judicial review:

(a) a determination by the Deputy Minister pursuant to

section 41;

(b) a re-determination by the Deputy Minister pursuant to

section 59; and

(c) a review by the Deputy Minister of an undertaking

pursuant to section 53(1).

4. Canada shall amend Part II of the Special Import Measures

Act, as amended, to provide for binational panel review

respecting goods of the Mexico and the United States;

5. Canada shall amend Part II of the Special Import Measures

Act, as amended, to provide for definitions related to this

Agreement, as may be required;

6. Canada shall amend Part II the Special Import Measures Act,

as amended, to permit the governments of Mexico and the United

States to request binational panel review of final

determinations;

7. Canada shall amend Part II of Special Import Measures Act,

as amended, to provide for the establishment of panels requested

to review final determinations in respect of goods of Mexico and

goods of the United States;

8. Canada shall amend Part II of Special Import Measures Act,

as amended, to provide for the conduct of review of a final

determination in accordance with Chapter XX of this Agreement;

9. Canada shall amend Part II of the Special Import Measures

Act, as amended, to provide for request and conduct of an

extraordinary challenge proceeding in accordance with Article

1904 of this Agreement;

10. Canada shall amend Part II of the Special Import Measures

Act, as amended, to provide for a code of conduct, immunity,

disclosure undertakings respecting confidential information and

remuneration for members of panels established pursuant to this

Agreement; and

11. Canada shall make such amendments as are necessary to

establish a Canadian Secretariat for this Agreement and generally

to facilitate the operation of Chapter 19 of this Agreement.

Part B - Schedule of Mexico

Mexico shall amend its antidumping and countervailing duty

statutes and regulations, and other statutes and regulations to

the extent that they apply to the operation of the antidumping

and countervailing duty laws, to provide the following:

1. elimination of the possibility of imposing duties within the

five day period after the acceptance of a petition; substitution

of the term Resolución de Inicio for Resolución Provisional and

the term Resolución Provisional for Resolución que revisa a la

Resolución Provisional;

2. full participation in the administrative process for

interested parties, including foreign interests, as well as the

right to administrative appeal and judicial review of final

determinations of investigations, reviews, product coverage or

other final decisions affecting them;

3. elimination of the possibility of imposing provisional

duties before the issuance of a preliminary determination;

4. the right to immediate access to review of final

determinations by binational panels, to interested parties,

including foreign interests, without the need to exhaust first

the administrative appeal;

5. explicit and adequate timetables for determinations of the

competent investigating authority and for the submission of

questionnaires, evidence and comments by interested parties,

including foreign interests, as well as an opportunity for them

to present facts and arguments in support of their positions

prior to any final determination, to the extent time permits,

including an opportunity to be adequately informed in a timely

manner of and to comment on all aspects of preliminary

determinations of dumping or subsidization;

6. written notice to interested parties, including foreign

interests, of any of the actions or resolutions rendered by the

competent investigating authority, including initiation of an

administrative review as well as its conclusion;

7. disclosure meetings by the competent investigating authority

with interested parties, including foreign interests, in

investigations and reviews, within seven calendar days after the

date of publication in the Diario Oficial de la Federacion of

preliminary and final determinations, to explain the margins of

dumping and the amount of subsidies calculations and to provide

them with copies of sample calculations and, if used, computer

programs;

8. timely access by eligible counsel of interested parties,

including foreign interests, during the course of the proceeding

(including disclosure meetings) and on appeal, either before a

national tribunal or a panel, to all information contained in the

administrative record of the proceeding, including confidential

information, excepting proprietary information of such a high

degree of sensitivity that its release would lead to substantial

and irreversible harm to the owner as well as government

classified information, subject to an undertaking for

confidentiality that strictly forbids use of the information for

personal benefit and its disclosure to persons who are not

authorized to receive such information; and for sanctions that

are specific to violations of undertakings in proceedings before

national tribunals or panels;

9. timely access by interested parties, including foreign

interests, during the course of the proceeding, to all non-

confidential information contained in the administrative record

and access to such information by interested parties or their

representatives in any proceeding after 90 days following the

issuance of the final determination;

10. a mechanism requiring that any person submitting documents

to the competent investigating authority shall simultaneously

serve on interested persons, including foreign interests, any

submissions after the complaint;

11. preparation of summaries of ex parte meetings held between

the competent investigating authority and any interested party

and the inclusion in the administrative record of such summaries,

which shall be made available to parties to the proceeding; if

such summaries contain business proprietary information, such

documents must be disclosed to a party's representative under an

undertaking to ensure confidentiality;

12. maintenance by the competent investigating authority of an

administrative record as defined in this Chapter and a

requirement that the final determination be based solely on the

administrative record;

13. informing interested parties, including foreign interests,

in writing of all data and information the administering

authority requires them to submit for the investigation, review,

product coverage proceeding, or other antidumping and

countervailing duty proceedings;

14. the right to an annual individual review on request by the

interested parties, including foreign interests, through which

they can obtain their own dumping margin or countervailing duty

rate, or can change the margin or rate they received in the

investigation or a previous review, reserving to the competent

investigating authority the ability to initiate a review, at any

time, on its own motion and requiring that the competent

investigating authority issue a notice of initiation within a

reasonable period of time after the request;

15. application of determinations issued as a result of

judicial, administrative, or panel review, to the extent they are

relevant to interested parties, including foreign interests, in

addition to the plaintiff, so that all interested parties will

benefit;

16. issuance of binding decisions by the competent investigating

authority if an interested party, including a foreign interest,

seeks clarification outside the context of an antidumping or

countervailing duty investigation or review as to whether a

particular product is covered by an antidumping or countervailing

duty order;

17. a detailed statement of reasons and legal basis concerning

final determinations in a manner sufficient to permit interested

parties, including foreign interests, to make an informed

decision as to whether to seek judicial or panel review,

including an explanation of methodological or policy issues

raised in the calculation of dumping or subsidization;

18. written notice to interested parties, including foreign

interests, and publication in the Diario Oficial de la Federacion

of initiation of investigations setting forth the nature of the

proceeding, the legal authority under which the proceeding is

initiated, and a description of the product at issue;

19. documentation in writing of all advisory bodies' decisions

or recommendations, including the basis for the decision, and

release of such written decision to parties to the proceeding;

all decisions or recommendations of any advisory body shall be

placed in the administrative record and made available to parties

to the proceeding; and

20. a standard of review to be applied by binational panels as

defined in Article 1911.

Part C - Schedule of the United States

1. The United States shall amend section 301 of the Customs

Courts Act of 1980, as amended, and any other relevant provisions

of law, to eliminate the authority to issue declaratory judgments

in any civil action involving an antidumping or countervailing

duty proceeding regarding a class or kind of Canadian or Mexican

merchandise;

2. The United States shall amend section 405(a) of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to provide that the interagency group

established under section 242 of the Trade Expansion Act of 1962

shall prepare a list of individuals qualified to serve as members

of binational panels, extraordinary challenge committees, and

special committees convened under chapter 19 of this Agreement;

3. The United States shall amend section 405(b) of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to provide that panelists selected to

serve on panels or committees convened pursuant to chapter XX of

this Agreement, and individuals designated to assist such

appointed individuals, shall not be considered employees of the

United States;

4. The United States shall amend section 405(c) of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to provide that panelists selected to

serve on panels or committees convened pursuant to chapter XX of

this Agreement, and individuals designated to assist the

individuals serving on such panels or committees, shall be immune

from suit and legal process relating to acts performed by such

individuals in their official capacity and within the scope of

their functions as such panelists or committee members, except

with respect to the violation of protective orders described in

section 777f(d)(3) of the Tariff Act of 1930;

5. The United States shall amend section 405(d) of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to establish a United States

Secretariat to facilitate, inter alia, the operation of chapter

XX of this Agreement and the work of the binational panels,

extraordinary challenge committees, and special committees

convened under that chapter;

6. The United States shall amend section 407 of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to provide on that an extraordinary

challenge committee convened pursuant to chapter XX of this

Agreement shall have authority to obtain information in the event

of an allegation that a member of a binational panel was guilty

of gross misconduct, bias, or a serious conflict of interest, or

otherwise materially violated the rules of conduct, and for the

committee to summon the attendance of witnesses, order the taking

of depositions, and obtain the assistance of any district or

territorial court of the United States in aid of the committee's

investigation;

7. The United States shall amend section 408 of the United

States-Canada Free-Trade Agreement Implementation Act of 1988, 19

U.S.C. section 2112 note, to provide that, in the case of a final

determination of a competent investigating authority of Mexico,

as well as Canada, the filing with the United States Secretary of

a request for binational panel review by a person described in

Article 1904.5 of this Agreement shall be deemed, upon receipt of

the request by the Secretary, to be a request for binational

panel review within the meaning of Article 1904.4 of that

Agreement;

8. The United States shall amend section 516A of the Tariff Act

of 1930 to provide that judicial review of antidumping or

countervailing duty cases regarding Mexican, as well as Canadian,

merchandise shall not be commenced in the Court of International

Trade if binational panel review is requested;

9. The United States shall amend section 516A(a) of the Tariff

Act of 1930 to provide that the time limits for commencing an

action in the Court of International Trade with regard to

antidumping or countervailing duty proceedings involving Mexican

or Canadian merchandise shall not begin to run until the 31st day

after the date of publication in the Federal Register of notice

of the final determination or the antidumping duty order;

10. The United States shall amend section 516A(g) of the Tariff

Act of 1930 to provide, in accordance with the terms of this

Agreement, for binational panel review of antidumping and

countervailing duty cases involving Mexican or Canadian

merchandise. Such amendment shall provide that if binational

panel review is requested such review will be exclusive;

11. The United States shall amend section 516A(g) of the Tariff

Act of 1930 to provide that the competent investigating authority

shall, within the period specified by any panel formed to review

a final determination regarding Mexican or Canadian merchandise,

take action not inconsistent with the decision of the panel or

committee;

12. The United States shall amend section 777 of the Tariff Act

of 1930 to provide for the disclosure to authorized persons under

protective order of proprietary information in the administrative

record if binational panel review of a final determination

regarding Mexican or Canadian merchandise is requested; and

13. The United States shall amend section 777 of the Tariff Act

of 1930 to provide for the imposition of sanctions on any person

who the competent investigating authority finds to have violated

a protective order issued by the competent investigating

authority of the United States or disclosure undertakings entered

into with an authorized agency of Mexico or with a competent

investigating authority of Canada to protect proprietary material

during binational panel review.

=============================================================================

ANNEX 1905.7

Special Committee Procedures

1. The Parties shall establish rules of procedure by the date

of entry into force of this Agreement in accordance with the

following principles:

(a) the procedures shall assure a right to at least one

hearing before the special committee as well as the

opportunity to provide initial and rebuttal written

submissions;

(b) the procedures shall assure that the special committee

shall prepare an initial report typically within

60 days of the appointment of the last member, and

shall afford the Parties 14 days to comment on that

report prior to issuing a final report 30 days after

presentation of the initial report;

(c) the special committee's hearings, deliberations, and

initial report, and all written submissions to and

communications with the special committee shall be

confidential;

(d) unless the parties to the dispute otherwise agree, the

decision of the special committee shall be published 10

days after it is transmitted to the disputing Parties,

along with any separate opinions of individual members

and any written views that either Party may wish to be

published; and

(e) unless the Parties to the dispute otherwise agree,

meetings and hearings of the special committee shall

take place at the office of the section of the

Secretariat of the Party complained against.

=============================================================================

ANNEX 1911

Country-Specific Definitions

For purposes of this Chapter:

antidumping statute means:

(a) in the case of Canada, the relevant provisions of the

Special Import Measures Act, as amended, and any

successor statutes;

(b) in the case of the United States, the relevant

provisions of Title VII of the Tariff Act of 1930, as

amended, and any successor statutes;

(c) in the case of Mexico, the relevant provisions of the

Ley Reglamentaria del Artículo 131 de la Constitución

Política de los Estados Unidos Mexicanos en Materia de

Comercio Exterior Implementing Article 131 of the

Constitution of the United Mexican States, as amended,

and any successor statutes; and

(d) the provisions of any other statute that provides for

judicial review of final determinations under

subparagraph (a), (b) or (c), or indicates the standard

of review to be applied to such determinations.

competent investigating authority means:

(a) in the case of Canada;

(i) the Canadian International Trade Tribunal, or its

successor, or

(ii) the Deputy Minister of National Revenue for

Customs and Excise as defined in the Special

Import Measures Act, or the Deputy Minister's

successor;

(b) in the case of the United States;

(i) the International Trade Administration of the

United States Department of Commerce, or its

successor, or

(ii) the United States International Trade Commission,

or its successor; and

(c) in the case of Mexico, the designated authority within

the Secretaría de Comercio y Fomento Industrial, or its

successor.

countervailing duty statute means:

(a) in the case of Canada, the relevant provisions of the

Special Import Measures Act, as amended, and any

successor statutes;

(b) in the case of the United States, section 303 and the

relevant provisions of Title VII of the Tariff Act of

1930, as amended, and any successor statutes;

(c) in the case of Mexico, the relevant provisions of the

Ley Reglamentaria del Artículo 131 de la Constitución

Política de los Estados Unidos Mexicanos en Materia de

Comercio Exterior, as amended, and any successor

statutes; and

(d) the provisions of any other statute that provides for

judicial review of final determinations under

subparagraph (a), (b) or (c), or indicates the standard

of review to be applied to such determinations.

final determination means:

(a) in the case of Canada,

(i) an order or finding of the Canadian International

Trade Tribunal under subsection 43(1) of the

Special Import Measures Act,

(ii) an order by the Canadian International Trade

Tribunal under subsection 76(4) of the Special

Import Measures Act, continuing an order or

finding made under subsection 43(1) of the Act

with or without amendment,

(iii) a determination by the Deputy Minister of

National Revenue for Customs and Excise

pursuant to section 41 of the Special Import

Measures Act,

(iv) a re-determination by the Deputy Minister pursuant

to section 59 of the Special Import Measures Act,

(v) a decision by the Canadian International Trade

Tribunal pursuant to subsection 76(3) of the

Special Import Measures Act not to initiate a

review,

(vi) a reconsideration by the Canadian International

Trade Tribunal pursuant to subsection 91(3) of the

Special Import Measures Act, and

(vii) a review by the Deputy Minister of an

undertaking pursuant to section 53(1) of the

Special Import Measures Act;

(b) in the case of the United States,

(i) a final affirmative determination by the

International Trade Administration of the United

States Department of Commerce or by the United

States International Trade Commission under

section 705 or 735 of the Tariff Act of 1930, as

amended, including any negative part of such a

determination,

(ii) a final negative determination by the

International Trade Administration of the United

States Department of Commerce or by the United

States International Trade Commission under

section 705 or 735 of the Tariff Act of 1930, as

amended, including any affirmative part of such a

determination,

(iii) a final determination, other than a

determination in (iv), under section 751 of

the Tariff Act of 1930, as amended,

(iv) a determination by the United States International

Trade Commission under section 751(b) of the

Tariff Act of 1930, as amended, not to review a

determination based upon changed circumstances,

and

(v) a final determination by the International Trade

Administration of the United States Department of

Commerce as to whether a particular type of

merchandise is within the class or kind of

merchandise described in an existing finding of

dumping or antidumping or countervailing duty

order; and

(c) in the case of the Mexico,

(i) a final resolution regarding anti-dumping or

countervailing duties investigations by the

Secretaría de Comercio y Fomento Industrial,

pursuant to Article 13 of the Ley Reglamentaria

del Artículo 131 de la Constitución Política de

los Estados Unidos Mexicanos en Materia de

Comercio Exterior, as amended,

(ii) a final resolution regarding an annual

administrative review of anti-dumping or

countervailing duties by the Secretaría de

Comercio y Fomento Industrial, as described in

Article 1904.15(q)(xiv), and

(iii) a final resolution by the Secretaria de

Comercio y Fomento Industrial as to whether a

particular type of merchandise is within the

class or kind of merchandise described in an

existing antidumping or countervailing duty

resolution.

standard of review means:

(a) in the case of Canada, the grounds set forth in section

18.1(4) of the Federal Court Act with respect to all

final determinations;

(b) in the case of the United States,

(i) the standard set forth in section 516A(b)(l)(B) of

the Tariff Act of 1930, as amended, with the

exception of a determination referred to in (ii),

and

(ii) the standard set forth in section 516A(b)(l)(A) of

the Tariff Act of 1930, as amended, with respect

to a determination by the United States

International Trade Commission not to initiate a

review pursuant to section 751(b) of the Tariff

Act of 1930, as amended; and

(c) in the case of the Mexico, the standard set forth in

Article 238 of the Código Fiscal de la Federación, or

any successor statutes, based solely on the

administrative record.