A- C - D - F - G - I - L - O - P - R - S - T

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

  1. 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;

  2. a copy of the final determination of the competent investigating authority, including reasons for the determination;

  3. all transcripts or records of conferences or hearings before the competent investigating authority; and

  4. all notices published in the official journal of the importing Party in connection with the administrative proceeding; (dossier administratif) (expediente administrativo)

Adviser means a person retained by a Party to advise or assist the Party in connection with the panel proceeding; (conseiller) (asesor)

Agreement means the North American Free Trade Agreement; (Accord) (Tratado)

Antidumping statute means:

  1. in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;

  2. 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;

  3. 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

  4. 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; (loi sur les droits antidumping) (Ley antidumping)


Code of Conduct
means the code of conduct established by the Parties pursuant to Article 1909 of the Agreement; (Code de conduite) (Código de Conducta)

Committee means an extraordinary challenge committee established pursuant to Annex 1904.13 to Chapter Nineteen of the Agreement; (comité) (comite)

Competent investigating authority means:

  1. in the case of Canada

    1. the Canadian International Trade Tribunal, or its successor, or

    2. the Canada Border Services Agency as defined in the Special Import Measures Act, as amended, or the President's successor;

  2. in the case of the United States

    1. the International Trade Administration of the United States Department of Commerce, or its successor, or

    2. the United States International Trade Commission, or its successor; and

  3. in the case of Mexico, the designated authority within the Secretaría de Economía, or its successor; (organisme d'enquête compétent) (autoridad investigadora competente)

Complainant means a Party or interested person who files a Complaint pursuant to rule 39 [NAFTA Article 1904 Panel Rules]; (plaignant) (demandante)

Complaining Party means a Party who requests, pursuant to Article 1905.2 of the Agreement, that a special committee be established, or any Party that requests the establishment of an arbitral panel under Article 2008(1) or any Party that joins a panel proceeding under Article 2008(3); (Partie plaignante) (Parte reclamante)

Counsel means

  1. with respect to a panel review of a final determination made in Canada, a person entitled to appear as counsel before the Federal Court of Canada,

  2. with respect to a panel review of a final determination made in Mexico, a person entitled to appear as counsel before the Tribunal Fiscal de la Federación, and

  3. with respect to a panel review of a final determination made in the United States, a person entitled to appear as counsel before a federal court in the United States; (avocat) (representante)

Counsel of record means a counsel referred to in subrule 21(1) [NAFTA Article 1904 Panel Rules]; (avocat au dossier) (representante legal acreditado)

Countervailing duty statute means:

  1. in the case of Canada, the relevant provisions of the Special Import Measures Act, as amended, and any successor statutes;

  2. 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;

  3. 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

  4. 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; (loi sur les droits compensateurs) (ley de cuotas compensatorias)



Disputing Parties
means the complaining Party or Parties, and the Party complained against; (parties contestantes) (partes contedientes)

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


Final determination
means:

  1. in the case of Canada,

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

    2. 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,

    3. a determination by the President of the Canada Border Services Agency pursuant to section 41 of the Special Import Measures Act, as amended,

    4. a redetermination by the President pursuant to section 59 of the Special Import Measures Act, as amended,

    5. 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,

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

    7. a review by the President of an undertaking pursuant to subsection 53(1) of the Special Import Measures Act, as amended;

  2. in the case of the United States,

    1. 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,

    2. 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,

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

    4. 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

    5. 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

  3. in the case of the Mexico,

    1. a final resolution regarding antidumping or countervailing duties investigations by the Secretaría de Economía, 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,

    2. a final resolution regarding an annual administrative review of antidumping or countervailing duties by the Secretaría de Economía, as described in paragraph (o) of its Schedule to Annex 1904.15, and

    3. a final resolution by the Secretaría de Economía, 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; (détermination finale) (resolución definitiva)

First Request for Panel Review means

  1. where only one Request for Panel Review is filed for review of a final determination, that Request, and

  2. where more than one Request for Panel Review is filed for review of the same final determination, the Request that is filed first; (première demande de révision par un groupe spécial) (Primera Solicitud de Revisión ante un Panel)

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; (intérêts étrangers) (intereses extranjeros)


General legal principles
include principles such as standing, due process, rules of statutory construction, mootness and exhaustion of administrative remedies; (principes juridiques généraux) (principios generales de derecho)

Goods of a Party means domestic products as these are understood in the General Agreement on Tariffs and Trade; (produits d'une Partie) (mercancías de una Parte)

Government information means

  1. with respect to a panel review of a final determination made in Canada, information

    1. the disclosure of which would be injurious to international relations or national defence or security,

    2. that constitutes a confidence of the Queen's Privy Council for Canada, or

    3. contained in government-to-government correspondence that is transmitted in confidence,

  2. with respect to a panel review of a final determination made in Mexico, information the disclosure of which is prohibited under the laws and regulations of Mexico, including

    1. data, statistics and documents referring to national security and strategic activities for scientific and technological development, and

    2. information contained in government-to-government correspondence that is transmitted in confidence, and

  3. with respect to a panel review of a final determination made in the United States, information classified in accordance with Executive Order No. 12065 or its successor; (renseignements gouvernementaux) (información gubernamental)


Importing Party
means the Party that issued the final determination; (Partie importatrice) (Parte importadora)

Interested parties include foreign interests; (parties intéressées) (partes interesadas)

Interested person means a person who, pursuant to the laws of the country in which a final determination was made, would be entitled to appear and be represented in a judicial review of the final determination; (personne intéressée) (persona interesada)

Investigating authority means the competent investigating authority that issued the final determination subject to review and includes, in respect of the issuance, amendment, modification or revocation of a Proprietary Information Access Order, any person authorized by the investigating authority; (autorité chargée de l'enquête) (autoridad investigadora)

Involved Party means:

  1. the importing Party; or

  2. a Party whose goods are the subject of the final determination; (Partie en cause) (Parte implicada)

Involved Secretariat means the section of the Secretariat located in the country of an involved Party; (Secrétariat en cause) (Secretariado implicado)


Legal holiday
means

  1. with respect to the Canadian Section of the Secretariat, every Saturday and Sunday, New Year's Day (January 1), Good Friday, Easter Monday, Victoria Day, Canada Day (July 1), Labour Day (first Monday in September), Thanksgiving Day (second Monday in October), Remembrance Day (November 11), Christmas Day (December 25), Boxing Day (December 26), any other day fixed as a statutory holiday by the Government of Canada or by the province in which the Section is located and any day on which the offices of the Canadian Section of the Secretariat are officially closed in whole or in part,

  2. with respect to the Mexican Section of the Secretariat, every Saturday and Sunday, New Year's Day (January 1), Constitution Day (February 5), Benito Juárez's Birthday (March 21), Labor Day (May 1), Battle of Puebla (May 5), Independence Day (September 16), Congressional Opening Day (November 1), Revolution Day (November 20), Transmission of the Federal Executive Branch (every six years on December 1), Christmas Day (December 25), any day designated as a statutory holiday by the Federal Laws or, in the case of Ordinary Elections, by the Local Electoral Laws and any day on which the offices of the Mexican Section of the Secretariat are officially closed in whole or in part, and

  3. with respect to the United States Section of the Secretariat, every Saturday and Sunday, New Year's Day (January 1), Martin Luther King's Birthday (third Monday in January), Presidents' Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Columbus Day (second Monday in October), Veterans' Day (November 11), Thanksgiving Day (fourth Thursday in November), Christmas Day (December 25), any day designated as a holiday by the President or the Congress of the United States and any day on which the offices of the Government of the United States located in the District of Columbia or the offices of the United States Section of the Secretariat are officially closed in whole or in part; (jour férié) (días inhábiles)


Official publication
means

  1. in the case of the Government of Canada, the Canada Gazette,

  2. in the case of the Government of Mexico, the Diario Oficial de la Federación, and

  3. in the case of the Government of the United States, the Federal Register; (journal officiel) (publicación oficial)


Panel
means a binational panel established pursuant to Annex 1901.2 to Chapter Nineteen of the Agreement for the purpose of reviewing a final determination or a panel established under Article 2008(2); (groupe spécial) (panel)

Participant means any of the following persons who files a Complaint pursuant to rule 39 or a Notice of Appearance pursuant to rule 40 [NAFTA Article 1904 Panel Rules]:

  1. a Party,

  2. an investigating authority, and

  3. an interested person; (participant) (participante)

Participating parties means the disputing Parties and a third Party; (parties participantes) (partes involucradas)

Party means the Government of Canada, the Government of Mexico or the Government of the United States; (Partie) (Parte)

Person means

  1. an individual,

  2. a Party,

  3. an investigating authority,

  4. a government of a province, state or other political subdivision of the country of a Party,

  5. a department, agency or body of a Party or of a government referred to in paragraph (d), or

  6. a partnership, corporation or association; (personne) (persona)

Personal information means, with respect to an extraordinary challenge proceeding in which an allegation is made that a member of the panel was guilty of gross misconduct, bias or a serious conflict of interest or otherwise materially violated the rules of conduct, the information referred to in subrule 39(2) and rule 41; (renseignements personnels) (información personal)

Pleading means a Request for Panel Review, a Complaint, a Notice of Appearance, a Change of Service Address, a Notice of Motion, a Notice of Change of Counsel of Record, a Brief or any other written submission filed by a participant; (acte de procédure) (promoción)

Privileged information means

  1. with respect to a panel review of a final determination made in Canada, information of the investigating authority that is subject to solicitor-client privilege under the laws of Canada, or that constitutes part of the deliberative process with respect to the final determination, and with respect to which the privilege has not been waived,

  2. with respect to a panel review of a final determination made in Mexico,

    1. information of the investigating authority that is subject to attorney-client privilege under the laws of Mexico, or

    2. internal communications between officials of the Secretaría de Economía in charge of antidumping and countervailing duty investigations or communications between those officials and other government officials, where those communications constitute part of the deliberative process with respect to the final determination, and

  3. with respect to a panel review of a final determination made in the United States, information of the investigating authority that is subject to the attorney-client, attorney work product or government deliberative process privilege under the laws of the United States with respect to which the privilege has not been waived; (renseignements protégés) (información privilegiada)

Proof of service means

  1. with respect to a panel review of a final determination made in Canada or Mexico,

    1. an affidavit of service stating by whom the document was served, the date on which it was served, where it was served and the manner of service, or

    2. an acknowledgement of service by counsel for a participant stating by whom the document was served, the date on which it was served and the manner of service and, where the acknowledgement is signed by a person other than the counsel, the name of that person followed by a statement that the person is signing as agent for the counsel, and

  2. with respect to a panel review of a final determination made in the United States, a certificate of service in the form of a statement of the date and manner of service and of the name of the person served, signed by the person who made service; (preuve de signification) (comprobante de notificación)

Proprietary information means

  1. with respect to a panel review of a final determination made in Canada, information referred to in subsection 84(3) of the Special Import Measures Act, as amended, or subsection 45(3) of the Canadian International Trade Tribunal Act, as amended, with respect to which the person who designated or submitted the information has not withdrawn the person's claim as to the confidentiality of the information,

  2. with respect to a panel review of a final determination made in Mexico, información confidencial, as defined under article 80 of the Ley de Comercio Exterior and its regulations, and

  3. with respect to a panel review of a final determination made in the United States, business proprietary information under section 777(f) of the Tariff Act of 1930, as amended, and any regulations made under that Act; (renseignements de nature exclusive) (información confidencial)

Proprietary Information Access Application means

  1. with respect to a panel review of a final determination made in Canada, a disclosure undertaking in the prescribed form, which form

    1. in respect of a final determination by the Commissioner, is available from the Commissioner, and

    2. in respect of a final determination by the Tribunal, is available from the Tribunal,

  2. with respect to a panel review of a final determination made in Mexico, a disclosure undertaking in the prescribed form, which form is available from the Secretaría de Economía, and

  3. with respect to a panel review of a final determination made in the United States, a Protective Order Application

    1. in respect of a final determination by the International Trade Administration of the United States Department of Commerce, in a form prescribed by, and available from, the International Trade Administration of the United States Department of Commerce, and

    2. in respect of a final determination by the United States International Trade Commission, in a form prescribed by, and available from, the United States International Trade Commission; (demande relative à la communication de renseignements) (Solicitud de Acceso a la Información Confidential)

Proprietary Information Access Order means

  1. in the case of Canada, a Disclosure Order issued by the Commissioner or the Tribunal pursuant to a Proprietary Information Access Application,

  2. in the case of Mexico, a Disclosure Order issued by the Secretaría de Economía pursuant to a Proprietary Information Access Application, and

  3. in the case of the United States, a Protective Order issued by the International Trade Administration of the United States Department of Commerce or the United States International Trade Commission pursuant to a Proprietary Information Access Application; (ordonnance relative à la communication de renseignements) (autorización de acceso a la información confidencial)


Remand
means a referral back for a determination not inconsistent with the panel or committee decision; (renvoie) (devolución)

Representative of a participating Party means an employee of a government department or agency or of any other government entity of a participating Party; (répresentant d'une Partie participante) (representante de una Parte involucrada)

Responsible Secretariat means the section of the Secretariat located in the country in which the final determination under review was made; (Secrétariat responsable) (Secretariado responsable)

Responsible Secretary means the Secretary of the responsible Secretariat; (Secrétaire responsable) (Secretario responsable)


Secretariat
means the Secretariat established pursuant to Article 2002 of the Agreement; (Secrétariat) (Secretariado)

Secretary means the Secretary of the United States Section of the Secretariat, the Secretary of the Mexican Section of the Secretariat or the Secretary of the Canadian Section of the Secretariat and includes any person authorized to act on behalf of that Secretary; (Secrétaire) (Secretario)

Service address means

  1. with respect to a Party, the address filed with the Secretariat as the service address of the Party, including any facsimile number submitted with that address,

  2. with respect to a participant other than a Party, the address of the counsel of record for the person, including any facsimile number submitted with that address or, where the person is not represented by counsel, the address set out by the participant in a Request for Panel Review, Complaint or Notice of Appearance as the address at which the participant may be served, including any facsimile number submitted with that address, or

  3. where a Change of Service Address has been filed by a Party or participant, the address set out as the new service address in that form, including any facsimile number submitted with that address; (adresse aux fins de signification) (domicilio para oír y recibir notificaciones)

Service list means, with respect to a panel review,

  1. where the final determination was made in Canada, a list comprising the other involved Party and

    1. in the case of a final determination made by the Commissioner, persons named on the list maintained by the Commissioner who participated in the proceedings before the Commissioner and who were exporters or importers of goods of the country of the other involved Party or complainants referred to in section 34 of the Special Import Measures Act, as amended, and

    2. in the case of a final determination made by the Tribunal, persons named on the list maintained by the Tribunal of parties in the proceedings before the Tribunal who were exporters or importers of goods of the country of the other involved Party, complainants referred to in section 31 of the Special Import Measures Act, as amended, or other domestic parties whose interest in the findings of the Tribunal is with respect to goods of the country of the other involved Party, and

  2. where the final determination was made in Mexico or the United States, the list, maintained by the investigating authority of persons who have been served in the proceedings leading to the final determination; (liste de signification) (lista para efectos de notificación)

Special committee means a special committee established pursuant to Article 1905 of the Agreement; (comité spécial) (comite especial)

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

  1. 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;

  2. in the case of the United States,

    1. 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

    2. 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

  3. in the case of the Mexico, the standard set out in Article 238 of the Federal Fiscal Code ("Código Fiscal de la Federación"), or any successor statutes, based solely on the administrative record; (critières d'examen) (criterio de revisión)

Third Party means a Party, other than a disputing Party, that delivers a written notice in accordance with Article 2013; (troisième Partie) (tercera Parte) and

Tribunal means the Canadian International Trade Tribunal or its successor and includes any person authorized to act on its behalf. (Tribunal) (Tribunal)