Glossary

A

Administrative record

means, unless otherwise agreed by the Parties and the other persons appearing before a panel:

1. 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;
2. a copy of the final determination of the competent investigating authority, including reasons for the determination;
3. all transcripts or records of conferences or hearings before the competent investigating authority; and
4. all notices published in the official journal of the importing Party in connection with the administrative proceeding;

Agreement

means the agreement signed between Canada, Mexico, and the United States on November 30, 2018, as amended

Antidumping statute

means:

1. in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;
2. in the case of Mexico, the relevant provisions of the Foreign Trade Act (Ley de Comercio Exterior), as amended, and any successor statutes;
3. 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 ; and
4. 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;

C

Code of Conduct

means the code of conduct established by the Parties pursuant to Article 10.17 of the Agreement;

Commission

means the Free Trade Commission established under Article 30.1 (Establishment of the Free Trade Commission);

Committee

means an extraordinary challenge committee established pursuant to Annex 10-B.3 to Chapter Nineteen 10 of the Agreement

Competent investigating authority

means:

1. in the case of Canada:
   1. the President of the Canada Border Services Agency as defined in the Special Import Measures Act, as amended, or the President’s successor; or
   2. the Canadian International Trade Tribunal, or its successor;
2. in the case of Mexico, the designated authority within the Secretariat of Economy (Secretaría de Economía), or its successor; and
3. in the case of the United States:
   1. the International Trade Administration of the United States Department of Commerce, or its successor, or
   2. the United States International Trade Commission, or its successor;

Complainant

means a Party or interested person who files a Complaint pursuant to Article 18 of the [Binational Panel Rules];

Complaining Party

means a Party who requests, pursuant to Article 10.13(2) of the Agreement, that a special committee be established, or any Party that requests the establishment of a panel under Article 31.6(1) (Establishment of a Panel), any Party that joins a panel proceeding under Article 31.6(5) (Establishment of a Panel), or a complainant Party under Annex 31-A (United-States Mexico Facility-Specific Rapid Response Labor Mechanism) or Annex 31-B (Canada-Mexico Facility-Specific Rapid Response Labor Mechanism);

Counsel

means, for a panel review of a final determination made in:

1. Canada, a person entitled to appear as counsel before the Federal Court of Canada,
2. Mexico, a person entitled to appear as counsel before a national tribunal, and
3. 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 Article 11.1 of the Rules of Procedure for Binational Panel Reviews

Countervailing duty statute

means:

1. in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;
2. in the case of Mexico, the relevant provisions of the Foreign Trade Act (Ley de Comercio Exterior), as amended, and any successor statutes;
3. 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; and
4. 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;

D

Disputing Parties

means the complaining Party or Parties, and the Party complained against; Domestic law for purposes of Article 10.13.1 (Safeguarding the Panel Review System) means a Party’s constitution, statutes, regulations and judicial decisions to the extent they are relevant to the antidumping and countervailing duty laws;

F

Final determination

means:

1. in the case of Canada:
   1. an order or finding of the Canadian International Trade Tribunal under subsection 43(1) of the Special Import Measures Act,
   2. an order by the Canadian International Trade Tribunal under subsection 76(4) of the Special Import Measures Act, as amended, continuing an order or finding made under subsection 43(1) of the Act with or without amendment,
   3. a determination by the President of the Canada Border Services Agency pursuant to section 41 of the Special Import Measures Act, as amended,
   4. a redetermination by the President pursuant to section 59 of the Special Import Measures Act, as amended,
   5. a decision by the Canadian International Trade Tribunal pursuant to subsection 76(3) of the Special Import Measures Act, as amended, not to initiate a review,
   6. a reconsideration by the Canadian International Trade Tribunal pursuant to subsection 91(3) of the Special Import Measures Act, as amended, and
   7. a review by the President of an undertaking pursuant to subsection 53(1) of the Special Import Measures Act, as amended; and
2. in the case of Mexico:
   1. a final resolution regarding antidumping or countervailing duties investigations by the Secretariat of Economy (Secretaría de Economía), pursuant to Article 59 of the Foreign Trade Act (Ley de Comercio Exterior), as amended,
   2. a final resolution regarding an annual administrative review of antidumping or countervailing duties by the Secretariat of Economy (Secretaría de Economía), as described in subparagraph (o) of its Schedule to Annex 10- B.5 (Amendments to Domestic Laws), and
   3. a final resolution by the Secretariat of Economy (Secretaría de Economía), 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; and
3. in the case of the United States:
   1. 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,
   2. 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,
   3. a final determination, other than a determination in (iv), under section 751 of the Tariff Act of 1930, as amended,
   4. 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 on changed circumstances, and
   5. 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;

First Request for Panel Review

means

1. where only one Request for Panel Review is filed for review of a final determination, that Request, and
2. where more than one Request for Panel Review is filed for review of the same final determination, the Request that is filed first;

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;

G

General legal principles

include principles such as standing, due process, rules of statutory construction, mootness and exhaustion of administrative remedies;

Goods of a Party

means domestic products as these are understood in the GATT 1994 or such goods as the Parties may agree, and includes originating goods of a Party;

Government information

means

1. for a panel review of a final determination made in Canada, information
   1. the disclosure of which would be injurious to international relations or national defence or security,
   2. that constitutes a confidence of the Queen’s Privy Council for Canada, or
   3. contained in government-to-government correspondence that is transmitted in confidence,
2. for a panel review of a final determination made in Mexico, information the disclosure of which is prohibited under the laws and regulations of Mexico, including
   1. data, statistics and documents referring to national security and strategic activities for scientific and technological development, and
   2. information contained in government-to-government correspondence that is transmitted in confidence, and
3. for a panel review of a final determination made in the United States, information classified in accordance with Executive Order No. 12065 or its successor;

I

Importing Party

means the Party that issued the final determination;

Interested parties

includes foreign interests;

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 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 Party

means:

1. the importing Party; or
2. a Party whose goods are the subject of the final determination;

Involved Secretariat

means the section of the Secretariat located in the country of an involved Party;

L

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;

O

Official publication

means for:

1. Canada, the Canada Gazette;
2. Mexico, the Diario Oficial de la Federación, and
3. the United States, the Federal Register;

P

Panel

means a binational panel established pursuant Annex 10-B.1 (Establishment of Binational Panels) to Chapter 10 of the Agreement for the purpose of reviewing a final determination or a panel established under Article 31.6 (Establishment of a Panel) or under Article 31-A.5 (Requests for Establishment of Rapid Response Labor Panelists) and Article 31-B.5 (Requests for Establishment of Rapid Response Labor Panelists)

Participant

means any of the following persons who files a Complaint pursuant to Article 18 of the Rules of Procedure for Binational Panels or a Notice of Appearance pursuant to Article 19 of the Rules of Procedure for Binational Panels:

1. a Party,
2. an investigating authority, and
3. an interested person;

Participating parties

means the disputing Parties and a third Party;

Party

means the Government of Canada, the Government of Mexico or the Government of the United States;

Person

means

1. an individual,
2. a Party,
3. an investigating authority,
4. a government of a province, state or other political subdivision of the country of a Party,
5. a department, agency or body of a Party or of a government referred to in paragraph (d), or
6. 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, the information referred to in subrule 39(2) and rule 41;

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 Change of Counsel of Record, a brief or any other written submission filed by a participant;

Privileged information

means for a panel review of a final determination made in:

1. 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 for the final determination, and for which the privilege has not been waived,
2. Mexico,
   1. information of the investigating authority that is subject to attorney-client privilege under the laws of Mexico, or
   2. internal communications between officials of the Secretaria de Economia in charge of antidumping and countervailing duty investigations or communications between those officials and other government officials, if those communications constitute part of the deliberative process for the final determination, and
3. 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, and for which the privilege has not been waived;

Proof of service

means

1. for a panel review of a final determination made in Canada or Mexico,
   1. 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
   2. 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
2. for a panel review of a final determination made in 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 for a panel review of a final determination made in:

1. 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, for which the person who designated or submitted the information has not withdrawn the person’s claim as to the confidentiality of the information,
2. Mexico, informacion confidencial, as defined under article 80 of the Ley de Comercio Exterior and its regulations, and
3. 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 for a panel review of a final determination made in:

1. Canada, a disclosure undertaking in the prescribed form that,
   1. in respect of a final determination by the CBSA President, is available from the CBSA President, and
   2. in respect of a final determination by the Tribunal, is available from the Tribunal,
2. Mexico, a disclosure undertaking in the prescribed form that is available from the Secretaria de Economia, and
3. the United States, a Protective Order Application
   1. 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
   2. 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 for

1. Canada, a Disclosure Order issued by the CBSA President or the Tribunal pursuant to a Proprietary Information Access Application,
2. Mexico, a Disclosure Order issued by the Secretaria de Economia pursuant to a Proprietary Information Access Application, and
3. 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;

R

Remand

means a referral back for a determination not inconsistent with the panel or committee decision;

Representative of a participating Party

means an employee of a government department or agency or of another government entity of a participating Party;

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;

S

Secretariat

means the Secretariat established pursuant to Article 30.6 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) for 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) for 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, for a panel review,

1. if the final determination was made in Canada, a list comprising the other involved Party and
   1. in the case of a final determination made by the CBSA President, persons named on the list maintained by the CBSA President who participated in the proceedings before the CBSA 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
   2. 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 the findings of the Tribunal is for goods of the country of the other involved Party, and
2. 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;

Special committee

means a special committee established pursuant to Article 10.13 of the Agreement;

Standard of review

means the following standards, as may be amended from time to time by the relevant Party:

1. in the case of Canada, the grounds set out in subsection 18.1(4) of the Federal Court Act, as amended, with respect to all final determinations;
2. in the case of Mexico, the standard set out in Article 51 of the Federal Act of Administrative Litigation Procedure (Ley Federal de Procedimiento Contencioso Administrativo), or any successor statutes, based solely on the administrative record; and
3. in the case of the United States;
   1. the standard set out in section 516A(b)(1)(B) of the Tariff Act of 1930, as amended, with the exception of a determination referred to in (ii); and
   2. the standard set out in section 516A(b)(1)(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

T

Third Party

means a Party, other than a disputing Party, that delivers a written notice in accordance with Article 31.6(5); and

Tribunal

means the Canadian International Trade Tribunal or its successor and includes any person authorized to act on its behalf.