NAFTA: Treaty | Page 4

other requester; the imported
good that is the subject of the proceeding and its tariff subheading; the
nature and timing of the determination to be made; the time and place
of the public hearing; dates of deadlines for filing briefs, statements,
and other documents; the place at which the petition and any other
documents filed in the course of the proceeding may be inspected; and
the name, address and telephone number of the office to be contacted
for more information.
6. Public hearing. In the course of each such proceeding, the competent
investigating authority shall:
(a) hold a public hearing, after providing reasonable notice, to allow all
interested parties, and any association whose purpose is to represent the
interests of consumers in the territory of the Party instituting the
proceeding, to appear in person or by counsel, to present evidence, and
to be heard on the questions of serious injury, or threat thereof, and the
appropriate remedy; and

(b) provide an opportunity to all interested parties and any such
association appearing at the hearing to cross-question interested parties
making presentations at that hearing.
7. Confidential information. The competent investigating authority
shall adopt or maintain procedures for the treatment of confidential
information, protected under domestic law, that is provided in the
course of a proceeding, including a requirement that interested parties
and consumer associations providing such information furnish
non-confidential written summaries thereof, or if they indicate that such
information cannot be summarized, the reasons why a summary cannot
be provided.
8. Evidence of injury and causation:
(a) In conducting its proceeding the competent investigating authority
shall gather, to the best of its ability, all relevant information
appropriate to the determination it must make. It shall evaluate all
relevant factors of an objective and quantifiable nature having a bearing
on the situation of that industry, in particular, the rate and amount of
the increase in imports of the good concerned, in absolute and relative
terms, the share of the domestic market taken by increased imports, and
changes in the level of sales, production, productivity, capacity
utilization, profits and losses, and employment. In making its
determination, the competent investigating authority may also consider
other economic factors, such as changes in prices and inventories, and
the ability of firms in the industry to generate capital;
(b) The competent investigating authority shall not make an affirmative
injury determination unless its investigation demonstrates, on the basis
of objective evidence, the existence of a clear causal link between
increased imports of the good concerned and serious injury, or threat
thereof. When factors other than increased imports are causing injury to
the domestic industry at the same time, such injury shall not be
attributed to increased imports;
9. Time period for deliberation. Except in critical circumstances and in
global actions involving perishable agricultural products, the competent

investigating authority, before making an affirmative determination in
an emergency action proceeding, shall allow sufficient time to gather
and consider the relevant information, hold a public hearing, and
provide an opportunity for all interested parties and consumer
associations to prepare and submit their views.
10. The competent investigating authority shall publish promptly a
report, including a summary thereof, in the official journal of the Party
setting forth its findings and reasoned conclusions on all pertinent
issues of law and fact. The report shall describe the imported good and
its tariff item number, the standard applied and the finding made. The
statement of reasons shall set forth the basis for the determination,
including a description of: the domestic industry seriously injured or
threatened with serious injury; information supporting a finding that
imports are increasing, the domestic industry is seriously injured or
threatened with serious injury, and increasing imports are causing or
threatening serious injury; and, if provided for by domestic law, any
finding or recommendation regarding the appropriate remedy and the
basis therefor. In its report, the competent investigating authority shall
not disclose any confidential information provided pursuant to any
undertakings concerning confidential information that may have been
made in the course of the proceedings.
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========================== ANNEX 804
Country-Specific Definitions
For purposes of this Chapter:
competent investigating authority means:
(a) in the case of Canada, the Canadian International Trade Tribunal, or
its successor;
(b) in the case of the Mexico, the designated authority within the
Ministry of Trade and Industrial Development ("Secretar¡a de
Comercio y Fomento Industrial"), or its successor; and

(c) in the case of the United States, the U.S. International Trade
Commission, or its successor.
NAFTA Chapter Eighteen Publication, Notification and Administration
of Laws
Article 1801: Contact Points
Each Party shall designate a contact point to facilitate communications
between the Parties on any matter covered by this Agreement. Upon the
request of another Party, the contact point shall identify the office or
official responsible for the matter and assist, as necessary, in
facilitating communication