US Commerce — Procedures and Rules for Article 10.12 of USMCA; Correction (89 FR 100303)

Mechanism

The 12 December 2024 correction is a one-paragraph fix to 19 CFR Part 356, the Commerce regulations governing binational-panel review and extraordinary-challenge-committee proceedings under Chapter 10 of the United States-Mexico-Canada Agreement (USMCA Article 10.12, the successor to NAFTA Article 1904). Section 356.8(b)(2) — addressing the procedure for filing requests for panel review under Article 10.12 — had inadvertently included a verbatim copy of the language from § 356.8(b)(1) in the 31 January 2024 final rule. The correction strikes the duplicated text and restores the intended regulatory paragraph governing service of requests on opposing parties.

The underlying 31 January 2024 final rule was Commerce's substantive update to Part 356 to align legacy NAFTA Article 1904 references with the USMCA Chapter 10 framework (USMCA entered into force 1 July 2020 and preserved binational-panel review as the sole forum for challenging final AD/CVD determinations involving Canadian or Mexican merchandise, in lieu of US Court of International Trade review).

Downstream implications

• No change to procedural rights of Canadian or Mexican producers seeking

binational-panel review of US AD/CVD determinations.

• No change to the schedule, briefing rules, or scope of review of pending

USMCA Chapter 10 panels.

• Closes a citation defect that could have created interpretive ambiguity

in service-of-process disputes had the duplicate language been litigated.

Open questions

• None. This is a non-substantive technical correction with no material

policy content beyond restoring the intended regulatory text.