Page:United States Statutes at Large Volume 102 Part 2.djvu/879

 PUBLIC LAW 100-449—SEPT. 28, 1988

102 STAT. 1883

"(B) SERVICE OF REQUEST FOR BINATIONAL PANEL REVIEW.— "(i) SERVICE BY INTERESTED PARTY.—If a request for

Mail,

binational panel review of a determination is filed under subparagraph (A), the party making the request shall serve a copy, by mail or personal service, on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate. (ii) SERVICE BY UNITED STATES SECRETARY.—If

an

interested party to the proceeding requests binational panel review of a determination by filing a request with the Canadian Secretary, the United States Secretary shall serve a copy of the request by mail on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate. "(C)

LIMITATION ON REQUEST FOR BINATIONAL PANEL

REVIEW.—Absent a request by an interested party under subparagraph (A), the United States may not request binational panel review under article 1904 of the Agreement of a determination. "(9) REPRESENTATION IN PANEL PROCEEDINGS.—In the case of binational panel proceedings convened under chapter 19 of the Agreement, the administering authority and the Commission shall be represented by attorneys who are employees of the administering authority or the Commission, respectively. Interested parties who were parties to the proceeding in connection with which the matter arises shall have the right to appear and be represented by counsel before the binational panel. "(10) NOTIFICATION OF CLASS OR KIND RUUNGS.—In the case of a determination which is described in paragraph (2)(B)(vi) of subsection (a) and which is subject to the provisions of paragraph (2), the administering authority, upon request, shall inform any interested person of the date on which the Government of Canada received notice of the determination under article 1904(4) of the Agreement.", (d) STANDARDS OF REVIEW.—Section 516A0)) of the Tariff Act of 1930 (19 U.S.C. 1516a(b)) is amended by adding a new paragraph (3) as follows: "(3) EFFECT OF DECISIONS BY UNITED STATES-CANADA BI- Courts, U.S. NATIONAL PANELS.—In making a decision in any action brought under subsection (a), a court of the United States is not bound by, but may take into consideration, a fingd decision of a binational panel or extraordinary challenge committee convened pursuant to article 1904 of the Agreement.". SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE. (a) JURISDICTION OF COURT OF INTERNATIONAL TRADE.—Section

1581(i) of title 28, United States Code, is amended by adding at the end thereof the following flush sentence: "This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada

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