19 U.S.C. § 4585: Rules of procedure for…

Summary

The administering authority must make rules, negotiated in accordance with paragraph 14 of article 10.12, for binational panel reviews. Those rules must cover requests and complaints, other filings and papers, how papers can be changed, filed, and served, how reviews can be joined, paused, or ended, and other proper procedural steps. The authority must also make rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, for extraordinary challenge committee reviews and rules under Annex 10–B.4 for special committees that protect the panel review system. All of these rules must be published in the Federal Register. "Administering authority" has the meaning given in section 1677(1) of this title.

Title 19, §4585

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(a)Rules of procedure for binational panels

The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews—

(1)requests for such reviews, complaints, other pleadings, and other papers;

(2)the amendment, filing, and service of such pleadings and papers;

(3)the joinder, suspension, and termination of such reviews; and

(4)other appropriate procedural matters.

(b)Rules of procedure for extraordinary challenge committees

The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees.

(c)Rules of procedure for safeguarding panel review system

The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex.

(d)Publication of rules

The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register.

(e)Administering authority

As used in this section, the term “administering authority” has the meaning given such term in section 1677(1) of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), substituted “article 10.12” for “article 1904” in introductory provisions. Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted “Annex 10–B.3” for “Annex 1904.13”. Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted “Annex 10–B.4” for “Annex 1905.6”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentTransfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title.

§4585 Rules of Procedure for Panels and Committees