[19980210]98-102_NAFTA两国专家组制度：第二起宪法诉讼被驳回.pdf

1North American Free Trade Agreement (NAFTA), entered into force January 1, 1994, Art.1904, Annexes l901.2, 1904.13, 1904.15, 1911. 2See generally House Judiciary Committee Report on H.R. 5090, United States-CanadaFree-Trade Agreement Implementation Act of 1988, H.R. Rep. No. 100-816, Part 4, 100th Cong.,2d Sess. 4 (1988) hereinafter cited as House Report; Holmer & Bello, Midterm Report on(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-102 AFebruary 10, 1998NAFTA Binational Panel System: SecondConstitutional Suit Dismissed(name redacted)Legislative AttorneyAmerican Law DivisionSummaryChapter 19 of the NAFTA allows parties to antidumping and countervailing dutyproceedings to seek binational panel review of final agency determinations in lieu ofjudicial review in the country in which the determination was made. Some have arguedthat the process violates the Appointments Clause of the U.S. Constitution and possessesother constitutional defects. Federal law allows suits challenging the constitutionalityof Chapter 19 panels, but these may only be brought by parties to a panel proceeding.The U.S. Court of Appeals for