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ARTICLES

LEGAL RESOURSES

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$ 17.14

    • Article 1911: Definitions

    For purposes of this Chapter:

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

  • 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;

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  • A copy of the final determination of the competent investigating authority, including reasons for the determination;

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  • All transcripts or records of conferences or hearings before the competent investigating authority; and

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  • All notices published in the official journal of the importing Party in connection with the administrative proceeding;

    • Antidumping statute as referred to in Articles 1902 (TLCAN: Art. 1902) and 1903 (TLCAN: Art. 1903) means "antidumping statute" of a Party as defined in Annex 1911 (TLCAN: Anexo 1911);

    Competent investigating authority means "competent investigating authority" of a Party as defined in Annex 1911 (TLCAN: Anexo 1911);

    Countervailing duty statute as referred to in Articles 1902 (TLCAN: Art. 1902) and 1903 (TLCAN: Art. 1903) means "countervailing duty statute" of a Party as defined in Annex 1911 (TLCAN: Anexo 1911);

    Domestic law for purposes of Article 1905(1) (TLCAN: Art. 1905) means a Party's constitution, statutes, regulations and judicial decisions to the extent they are relevant to the antidumping and countervailing duty laws;

    Final determination means "final determination" of a Party as defined in Annex 1911 (TLCAN: Anexo 1911);

    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;

    General legal principles includes 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 General Agreement on Tariffs and Trade;

    Importing Party means the Party that issued the final determination;

    Interested parties includes foreign interests;

    Involved Party means:

  • The importing Party; or

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  • A Party whose goods are the subject of the final determination;

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

    Standard of review means the "standard of review" for each Party as defined in Annex 1911 (TLCAN: Anexo 1911).