                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
SUBCHAPTER IV--DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY 
                                  CASES
 
   Part A--Organizational, Administrative, and Procedural Provisions 
           Regarding Implementation of Chapter 19 of Agreement
 
Sec. 3432. Organizational and administrative provisions


(a) Criteria for selection of individuals to serve on panels and 
        committees

                           (1) In general

        The selection of individuals under this section for--
            (A) placement on lists prepared by the interagency group 
        under subsection (c)(2)(B)(i) and (ii) of this section;
            (B) placement on preliminary candidate lists under 
        subsection (c)(3)(A) of this section;
            (C) placement on final candidate lists under subsection 
        (c)(4)(A) of this section;
            (D) placement by the Trade Representative on the rosters 
        described in paragraph 1 of Annex 1901.2 and paragraph 1 of 
        Annex 1904.13; and
            (E) appointment by the Trade Representative for service on 
        the panels and committees convened under chapter 19;

    shall be made on the basis of the criteria provided in paragraph 1 
    of Annex 1901.2 and paragraph 1 of Annex 1904.13 and shall be made 
    without regard to political affiliation.

         (2) Additional criteria for roster placements and 
               appointments under paragraph 1 of Annex 1901.2

        Rosters described in paragraph 1 of Annex 1901.2 shall include, 
    to the fullest extent practicable, judges and former judges who meet 
    the criteria referred to in paragraph (1). The Trade Representative 
    shall, subject to subsection (b) of this section, appoint judges to 
    binational panels convened under chapter 19, extraordinary challenge 
    committees convened under chapter 19, and special committees 
    established under article 1905, where such judges offer and are 
    available to serve and such service is authorized by the chief judge 
    of the court on which they sit.

(b) Selection of certain judges to serve on panels and committees

                          (1) Applicability

        This subsection applies only with respect to the selection of 
    individuals for binational panels convened under chapter 19, 
    extraordinary challenge committees convened under chapter 19, and 
    special committees established under article 1905, who are judges of 
    courts created under article III of the Constitution of the United 
    States.

                 (2) Consultation with chief judges

        The Trade Representative shall consult, from time to time, with 
    the chief judges of the Federal judicial circuits regarding the 
    interest in, and availability for, participation in binational 
    panels, extraordinary challenge committees, and special committees, 
    of judges within their respective circuits. If the chief judge of a 
    Federal judicial circuit determines that it is appropriate for one 
    or more judges within that circuit to be included on a roster 
    described in subsection (a)(1)(D) of this section, the chief judge 
    shall identify all such judges for the Chief Justice of the United 
    States who may, upon his or her approval, submit the names of such 
    judges to the Trade Representative. The Trade Representative shall 
    include the names of such judges on the roster.

                 (3) Submission of lists to Congress

        The Trade Representative shall submit to the Committee on the 
    Judiciary and the Committee on Ways and Means of the House of 
    Representatives and to the Committee on Finance and the Committee on 
    the Judiciary of the Senate a list of all judges included on a 
    roster under paragraph (2). Such list shall be submitted at the same 
    time as the final candidate lists are submitted under subsection 
    (c)(4)(A) of this section and the final forms of amendments are 
    submitted under subsection (c)(4)(C)(iv) of this section.

          (4) Appointment of judges to panels or committees

        At such time as the Trade Representative proposes to appoint a 
    judge described in paragraph (1) to a binational panel, an 
    extraordinary challenge committee, or a special committee, the Trade 
    Representative shall consult with that judge in order to ascertain 
    whether the judge is available for such appointment.

(c) Selection of other candidates

                          (1) Applicability

        This subsection applies only with respect to the selection of 
    individuals for binational panels convened under chapter 19, 
    extraordinary challenge committees convened under chapter 19, and 
    special committees established under article 1905, other than those 
    individuals to whom subsection (b) of this section applies.

                        (2) Interagency group

        (A) Establishment

            There is established within the interagency organization 
        established under section 1872 of this title an interagency 
        group which shall--
                (i) be chaired by the Trade Representative; and
                (ii) consist of such officers (or the designees thereof) 
            of the United States Government as the Trade Representative 
            considers appropriate.

        (B) Functions

            The interagency group established under subparagraph (A) 
        shall, in a manner consistent with chapter 19--
                (i) prepare by January 3 of each calendar year--
                    (I) a list of individuals who are qualified to serve 
                as members of binational panels convened under chapter 
                19; and
                    (II) a list of individuals who are qualified to 
                serve on extraordinary challenge committees convened 
                under chapter 19 and special committees established 
                under article 1905;

                (ii) if the Trade Representative makes a request under 
            paragraph (4)(C)(i) with respect to a final candidate list 
            during any calendar year, prepare by July 1 of such calendar 
            year a list of those individuals who are qualified to be 
            added to that final candidate list;
                (iii) exercise oversight of the administration of the 
            United States Section that is authorized to be established 
            under section 3315 of this title; and
                (iv) make recommendations to the Trade Representative 
            regarding the convening of extraordinary challenge 
            committees and special committees under chapter 19.

                   (3) Preliminary candidate lists

        (A) In general

            The Trade Representative shall select individuals from the 
        respective lists prepared by the interagency group under 
        paragraph (2)(B)(i) for placement on--
                (i) a preliminary candidate list of individuals eligible 
            to serve as members of binational panels under Annex 1901.2; 
            and
                (ii) a preliminary candidate list of individuals 
            eligible for selection as members of extraordinary challenge 
            committees under Annex 1904.13 and special committees under 
            article 1905.

        (B) Submission of lists to Congressional Committees

            (i) In general

                No later than January 3 of each calendar year, the Trade 
            Representative shall submit to the Committee on Finance of 
            the Senate and the Committee on Ways and Means of the House 
            of Representatives (hereafter in this section referred to as 
            the ``appropriate Congressional Committees'') the 
            preliminary candidate lists of those individuals selected by 
            the Trade Representative under subparagraph (A) to be 
            candidates eligible to serve on panels or committees 
            convened pursuant to chapter 19 during the 1-year period 
            beginning on April 1 of such calendar year.
            (ii) Additional information

                At the time the candidate lists are submitted under 
            clause (i), the Trade Representative shall submit for each 
            individual on the list a statement of professional 
            qualifications.

        (C) Consultation

            Upon submission of the preliminary candidate lists under 
        subparagraph (B) to the appropriate Congressional Committees, 
        the Trade Representative shall consult with such Committees with 
        regard to the individuals included on the preliminary candidate 
        lists.

        (D) Revision of lists

            The Trade Representative may add and delete individuals from 
        the preliminary candidate lists submitted under subparagraph (B) 
        after consultation with the appropriate Congressional Committees 
        regarding the additions and deletions. The Trade Representative 
        shall provide to the appropriate Congressional Committees 
        written notice of any addition or deletion of an individual from 
        the preliminary candidate lists, along with the information 
        described in subparagraph (B)(ii) with respect to any proposed 
        addition.

                      (4) Final candidate lists

        (A) Submission of lists to Congressional Committees

            No later than March 31 of each calendar year, the Trade 
        Representative shall submit to the appropriate Congressional 
        Committees the final candidate lists of those individuals 
        selected by the Trade Representative to be candidates eligible 
        to serve on panels and committees convened under chapter 19 
        during the 1-year period beginning on April 1 of such calendar 
        year. An individual may be included on a final candidate list 
        only if such individual was included in the preliminary 
        candidate list or if written notice of the addition of such 
        individual to the preliminary candidate list was submitted to 
        the appropriate Congressional Committees at least 15 days before 
        the date on which that final candidate list is submitted to such 
        Committees under this subparagraph.

        (B) Finality of lists

            Except as provided in subparagraph (C), no additions may be 
        made to the final candidate lists after the final candidate 
        lists are submitted to the appropriate Congressional Committees 
        under subparagraph (A).

        (C) Amendment of lists

            (i) In general

                If, after the Trade Representative has submitted the 
            final candidate lists to the appropriate Congressional 
            Committees under subparagraph (A) for a calendar year and 
            before July 1 of such calendar year, the Trade 
            Representative determines that additional individuals need 
            to be added to a final candidate list, the Trade 
            Representative shall--
                    (I) request the interagency group established under 
                paragraph (2)(A) to prepare a list of individuals who 
                are qualified to be added to such candidate list;
                    (II) select individuals from the list prepared by 
                the interagency group under paragraph (2)(B)(ii) to be 
                included in a proposed amendment to such final candidate 
                list; and
                    (III) by no later than July 1 of such calendar year, 
                submit to the appropriate Congressional Committees the 
                proposed amendments to such final candidate list 
                developed by the Trade Representative under subclause 
                (II), along with the information described in paragraph 
                (3)(B)(ii).
            (ii) Consultation with Congressional Committees

                Upon submission of a proposed amendment under clause 
            (i)(III) to the appropriate Congressional Committees, the 
            Trade Representative shall consult with the appropriate 
            Congressional Committees with regard to the individuals 
            included in the proposed amendment.
            (iii) Adjustment of proposed amendment

                The Trade Representative may add and delete individuals 
            from any proposed amendment submitted under clause (i)(III) 
            after consulting with the appropriate Congressional 
            Committees with regard to the additions and deletions. The 
            Trade Representative shall provide to the appropriate 
            Congressional Committees written notice of any addition or 
            deletion of an individual from the proposed amendment.
            (iv) Final amendment

                (I) In general

                    If the Trade Representative submits under clause 
                (i)(III) in any calendar year a proposed amendment to a 
                final candidate list, the Trade Representative shall, no 
                later than September 30 of such calendar year, submit to 
                the appropriate Congressional Committees the final form 
                of such amendment. On October 1 of such calendar year, 
                such amendment shall take effect and, subject to 
                subclause (II), the individuals included in the final 
                form of such amendment shall be added to the final 
                candidate list.
                (II) Inclusion of individuals

                    An individual may be included in the final form of 
                an amendment submitted under subclause (I) only if such 
                individual was included in the proposed form of such 
                amendment or if written notice of the addition of such 
                individual to the proposed form of such amendment was 
                submitted to the appropriate Congressional Committees at 
                least 15 days before the date on which the final form of 
                such amendment is submitted to such Committees under 
                subclause (I).
                (III) Eligibility for service

                    Individuals added to a final candidate list under 
                subclause (I) shall be eligible to serve on panels or 
                committees convened under chapter 19 during the 6-month 
                period beginning on October 1 of the calendar year in 
                which such addition occurs.
                (IV) Finality of amendment

                    No additions may be made to the final form of an 
                amendment described in subclause (I) after the final 
                form of such amendment is submitted to the appropriate 
                Congressional Committees under subclause (I).

                     (5) Treatment of responses

        For purposes of applying section 1001 of title 18, the written 
    or oral responses of individuals to inquiries of the interagency 
    group established under paragraph (2)(A) or of the Trade 
    Representative regarding their personal and professional 
    qualifications, and financial and other relevant interests, that 
    bear on their suitability for the placements and appointments 
    described in subsection (a)(1) of this section, shall be treated as 
    matters within the jurisdiction of an agency of the United States.

(d) Selection and appointment

                (1) Authority of Trade Representative

        The Trade Representative is the only officer of the United 
    States Government authorized to act on behalf of the United States 
    Government in making any selection or appointment of an individual 
    to--
            (A) the rosters described in paragraph 1 of Annex 1901.2 and 
        paragraph 1 of Annex 1904.13; or
            (B) the panels or committees convened under chapter 19;

    that is to be made solely or jointly by the United States Government 
    under the terms of the Agreement.

            (2) Restrictions on selection and appointment

        Except as provided in paragraph (3)--
            (A) the Trade Representative may--
                (i) select an individual for placement on the rosters 
            described in paragraph 1 of Annex 1901.2 and paragraph 1 of 
            Annex 1904.13 during the 1-year period beginning on April 1 
            of any calendar year;
                (ii) appoint an individual to serve as one of those 
            members of any panel or committee convened under chapter 19 
            during such 1-year period who, under the terms of the 
            Agreement, are to be appointed solely by the United States 
            Government; or
                (iii) act to make a joint appointment with the 
            Government of a NAFTA country, under the terms of the 
            Agreement, of any individual who is a citizen or national of 
            the United States to serve as any other member of such a 
            panel or committee;

        only if such individual is on the appropriate final candidate 
        list that was submitted to the appropriate Congressional 
        Committees under subsection (c)(4)(A) of this section during 
        such calendar year or on such list as it may be amended under 
        subsection (c)(4)(C)(iv)(I) of this section, or on the list 
        submitted under subsection (b)(3) of this section to the 
        Congressional Committees referred to in such subsection; and
            (B) no individual may--
                (i) be selected by the United States Government for 
            placement on the rosters described in paragraph 1 of Annex 
            1901.2 and paragraph 1 of Annex 1904.13; or
                (ii) be appointed solely or jointly by the United States 
            Government to serve as a member of a panel or committee 
            convened under chapter 19;

        during the 1-year period beginning on April 1 of any calendar 
        year for which the Trade Representative has not met the 
        requirements of subsection (a) of this section, and of 
        subsection (b) or (c) of this section (as the case may be).

                           (3) Exceptions

        Notwithstanding subsection (c)(3) of this section (other than 
    subparagraph (B)), subsection (c)(4) of this section, or paragraph 
    (2)(A) of this subsection, individuals included on the preliminary 
    candidate lists submitted to the appropriate Congressional 
    Committees under subsection (c)(3)(B) of this section may--
            (A) be selected by the Trade Representative for placement on 
        the rosters described in paragraph 1 of Annex 1901.2 and 
        paragraph 1 of Annex 1904.13 during the 3-month period beginning 
        on the date on which the Agreement enters into force with 
        respect to the United States; and
            (B) be appointed solely or jointly by the Trade 
        Representative under the terms of the Agreement to serve as 
        members of panels or committees that are convened under chapter 
        19 during such 3-month period.

(e) Transition

    If the Agreement enters into force between the United States and a 
NAFTA country after January 3, 1994, the provisions of subsection (c) of 
this section shall be applied with respect to the calendar year in which 
such entering into force occurs--
        (1) by substituting ``the date that is 30 days after the date on 
    which the Agreement enters into force with respect to the United 
    States'' for ``January 3 of each calendar year'' in subsections 
    (c)(2)(B)(i) and (c)(3)(B)(i) of this section; and
        (2) by substituting ``the date that is 3 months after the date 
    on which the Agreement enters into force with respect to the United 
    States'' for ``March 31 of each calendar year'' in subsection 
    (c)(4)(A) of this section.

(f) Immunity

    With the exception of acts described in section 777(f)(3) of the 
Tariff Act of 1930 (19 U.S.C. 1677f(f)(3)), individuals serving on 
panels or committees convened pursuant to chapter 19, and individuals 
designated to assist the individuals serving on such panels or 
committees, shall be immune from suit and legal process relating to acts 
performed by such individuals in their official capacity and within the 
scope of their functions as such panelists or committee members or 
assistants to such panelists or committee members.

(g) Regulations

    The administering authority under title VII of the Tariff Act of 
1930 [19 U.S.C. 1671 et seq.], the International Trade Commission, and 
the Trade Representative may promulgate such regulations as are 
necessary or appropriate to carry out actions in order to implement 
their respective responsibilities under chapter 19. Initial regulations 
to carry out such functions shall be issued before the date on which the 
Agreement enters into force with respect to the United States.

(h) Report to Congress

    At such time as the final candidate lists are submitted under 
subsection (c)(4)(A) of this section and the final forms of amendments 
are submitted under subsection (c)(4)(C)(iv) of this section, the Trade 
Representative shall submit to the Committee on the Judiciary and the 
Committee on Ways and Means of the House of Representatives, and to the 
Committee on Finance and the Committee on the Judiciary of the Senate, a 
report regarding the efforts made to secure the participation of judges 
and former judges on binational panels, extraordinary challenge 
committees, and special committees established under chapter 19.

(Pub. L. 103-182, title IV, Sec. 402, Dec. 8, 1993, 107 Stat. 2129; Pub. 
L. 104-295, Sec. 21(c)(1), Oct. 11, 1996, 110 Stat. 3530.)

                       References in Text

    The Tariff Act of 1930, referred to in subsec. (g), is act June 17, 
1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act is 
classified generally to subtitle IV (Sec. 1671 et seq.) of chapter 4 of 
this title. For complete classification of this Act to the Code, see 
section 1654 of this title and Tables.


                               Amendments

    1996--Subsec. (d)(3). Pub. L. 104-295 substituted ``subsection 
(c)(4) of this section'' for ``(c)(4)'' in introductory provisions.


          North American Free Trade Agreement: Entry Into Force

    The North American Free Trade Agreement entered into force on Jan. 
1, 1994, see note set out under section 3311 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1677f, 3315 of this title.
