Published 12 July 2019
In this article, we take a high-level look at Chapter 19's track record to see what it may tell us about the decision to keep the Chapter 19 regime intact in the USMCA. We examine trends in the review of U.S. AD and CVD determinations in an effort to identify any discernible evolution in how parties choose between the CIT and Chapter 19 panels.
Following this Introduction, in Section II we briefly discuss the kinds of administrative determinations that may be reviewed by either the CIT or a binational panel. In Section III, we discuss the main differences between CIT review and binational panel review. Finally, in Section IV we discuss certain observable trends in interested parties' choice of forum for review of U.S. AD and CVD determinations.
This paper will be part of the TDM Special Issue on "The United States-Mexico-Canada Agreement (USMCA)". More information here www.transnational-dispute-management.com/news.asp?key=1733