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ARTICLES

LEGAL RESOURSES

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    • Annex 1911: Country Specific Definitions

    For purposes of this Chapter:

    Antidumping statute means:

  • In the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;

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  • 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;

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  • In the case of Mexico, the relevant provisions of the Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States ("Ley Reglamentaria del Artículo 131 de la Constitución Política de los Estados Unidos Mexicanos en Materia de Comercio Exterior"), as amended, and any successor statutes; and

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  • 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;

    • Competent investigating authority means:

  • In the case of Canada (i) the Canadian International Trade Tribunal, or its successor, or (ii) the Deputy Minister of National Revenue for Customs and Excise as defined in the Special Import Measures Act, as amended, or the Deputy Minister's successor;

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  • In the case of the United States

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  • The International Trade Administration of the United States Department of Commerce, or its successor, or

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  • The United States International Trade Commission, or its successor; and

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  • In the case of Mexico, the designated authority within the Secretariat of Trade and Industrial Development ("Secretaría de Comercio y Fomento Industrial"), or its successor;

    • Countervailing duty statute means:

  • In the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;

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  • 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;

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  • In the case of Mexico, the relevant provisions of the Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States ("Ley Reglamentaria del Artículo 131 de la Constitución Política de los Estados Unidos Mexicanos en Materia de Comercio Exterior"), as amended, and any successor statutes; and

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  • 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;

    • Final determination means:

  • In the case of Canada,

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  • An order or finding of the Canadian International Trade Tribunal under subsection 43(1) of the Special Import Measures Act,

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  • 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,

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  • A determination by the Deputy Minister of National Revenue for Customs and Excise pursuant to section 41 of the Special Import Measures Act, as amended,

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  • A redetermination by the Deputy Minister pursuant to section 59 of the Special Import Measures Act, as amended,

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  • 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,

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  • A reconsideration by the Canadian International Trade Tribunal pursuant to subsection 91(3) of the Special Import Measures Act, as amended, and

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  • A review by the Deputy Minister of an undertaking pursuant to subsection 53(1) of the Special Import Measures Act, as amended;

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  • In the case of the United States,

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  • 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,

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  • 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,

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  • A final determination, other than a determination in (iv), under section 751 of the Tariff Act of 1930, as amended,

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  • 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

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  • 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; and

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  • In the case of the Mexico,

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  • A final resolution regarding antidumping or countervailing duties investigations by the Secretar a de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development"), pursuant to Article 13 of the Ley Reglamentaria del Artículo 131 de la Constitución Política de los Estados Unidos Mexicanos en Materia de Comercio Exterior ("Foreign Trade Act Implementing Article 131 of the Constitution of the United Mexican States"), as amended,

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  • A final resolution regarding an annual administrative review of antidumping or countervailing duties by the Secretariat of Trade and Industrial Development ("Secretaría de Comercio y Fomento Industrial"), as described in paragraph (o) of its Schedule to Annex 1904.15 (TLCAN: Anexo 1904.15), and

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  • A final resolution by the Secretariat of Trade and Industrial Development ("Secretaría de Comercio y Fomento Industrial"), 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

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

  • 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;

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  • In the case of the United States,

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  • The standard set out in section 516A(b)(l)(B) of the Tariff Act of 1930, as amended, with the exception of a determination referred to in (ii), and

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  • The standard set out in section 516A(b)(l)(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; and

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  • In the case of the Mexico, the standard set out in Article 238 (: Art. 238) of the Federal Fiscal Code ("Código Fiscal de la Federación"), or any successor statutes, based solely on the administrative record.