Page:United States Statutes at Large Volume 104 Part 1.djvu/684

 104 STAT. 650 PUBLIC LAW 101-382—AUG. 20, 1990 except that if a request for an extraordinary challenge committee has been made with respect to the decision to dismiss, the date under this subparagraph shall not be earlier than the date on which such committee determines that such panel acted properly when it dismissed for lack of jurisdiction,"; and (B) in subsection (g)(3)— (i) by striking "or" at the end of subparagraph (A)(ii), by striking the period at the end of subparagraph (A)(iii) and inserting ", or", and by adding at the end of subparagraph (A) the following new clause: "(iv) a determination which a binational panel has determined under paragraph (2)(A) is not reviewable by the binational panel.", and (ii) by inserting "or (iv)" after "subparagraph (A)(i)" in subparagraph (B). (4) Section 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f[d)), as added by section 403(c) of the United States-Canada Free- Trade Agreement Implementation Act of 1988, is redesignated as subsection (f) and is further amended— (A) in paragraph (I)(A)— (i) by striMng "(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)", and (ii) by adding at the end thereof the following new sentence: "If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2)."; (B) in paragraph dXB)— (i) by inserting ", and persons under the direction and control," after "employees" in clause (ii), (ii) by striking "and" at the end of clause (ii), (iii) by striking all after "in order to" in clause (iii) and inserting "make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and"; and (iv) by adding at the end thereof the following new clause: "(iv) any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement."; (C) in paragraph (3)— (i) by striking "or" after "violate," each place it appears, and

�