Page:United States Statutes at Large Volume 102 Part 2.djvu/875

 PUBLIC LAW 100-449—SEPT. 28, 1988

102 STAT. 1879

"(A) the determination is not reviewable under subsection (a), and "(B) no court of the United States has power or jurisdiction to review the determination on any question of law or fact by an action in the nature of mandamus or otherwise. "(3) EXCEPTION TO EXCLUSIVE BINATIONAL PANEL REVIEW.—

"(A) IN GENERAL.—A determination is reviewable under subsection (a) if the determination sought to be reviewed is— "(i) a determination as to which neither the United States nor Canada requested review by a binational panel pursuant to article 1904 of the Agreement, "(ii) a revised determination issued as a direct result of judicial review, commenced pursuant to subsection (a), if neither the United States nor Canada requested review of the original determination, or "(iii) a determination issued as a direct result of judicial review that was commenced pursuant to subsection (a) prior to the entry into force of the Agreement. "(B) SPECIAL RULE.—A determination described in subparagraph (A)(i) is reviewable under subsection (a) only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that Is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) that is applicable to such determination. Such notice shall contain Regulations. such information, and be in such form, manner, and style, as the administering authority, in consultation with the Commission, shall prescribe by regulations. "(4) EXCEPTION TO EXCLUSIVE BINATIONAL PANEL REVIEW FOR CONSTITUTIONAL ISSUES.— "(A) CONSTITUTIONALITY OF BINATIONAL PANEL REVIEW

Courts, U.S. SYSTEM.—An action for declaratory judgment or injunctive District of relief, or both, regarding a determination on the grounds Columbia.

that any provision of, or amendment made by, the United States-Canada Free-Trade Implementation Agreement Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement violates the Constitution may be brought in the United States Court of Appeals for the District of Columbia Circuit. Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28, United States Code. "(B) OTHER CONSTITUTIONAL REVIEW.—Review is available

under subsection (a) with respect to a determination solely concerning a constitutional issue (other than an issue to which subparagraph (A) applies) arising under any law of the United States as enacted or applied. An action for review under this subparagraph shall be assigned to a 3jud judge panel of the United States Court of International Trc rade.

Courts, U.S.

�