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(iv)

a re-determination by the Deputy Minister pursuant to section 59 of the Special Import Measures Act, as amended,

(v)

a decision by the Canadian International Trade Tribunal pursuant to subsection 76(3) of the Special Import Measures Act, as amended, not to initiate a review,

(vi)

a reconsideration by the Canadian International Trade Tribunal pursuant to subsection 91(3) of the Special Import Measures Act, as amended, and

(vii)

a review by the Deputy Minister of an undertaking pursuant to subsection 53(1) of the Special Import Measures Act, as amended;

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(i)

a final affirmative determination by the International Trade Administration of the United States Department of Commerce or by the United States International Trade Commission under section 705 or 735 of the Tariff Act of 1930, as amended, including any negative part of such a determination,

(ii)

a final negative determination by the International Trade Administration of the United States Department of Commerce or by the United States International Trade Commission under section 705 or 735 of the Tariff Act of 1930, as amended, including any affirmative part of such a determination,

(iii)

a final determination, other than a determination in (iv), under
section 751 of the Tariff Act of 1930, as amended,

(iv)

a determination by the United States International Trade Commission under section 751(b) of the Tariff Act of 1930, as amended, not to review a determination based on changed circumstances, and

(v)

a final determination by the International Trade Administration of the United States Department of Commerce as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order; and

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(i)

a final resolution regarding antidumping or countervailing duties
investigations by the Secretaría de Comercio y Fomento Industrial
("Secretariat of Trade and Industrial Development"), pursuant to
Article 13 of the Ley Reglamentaria del Artículo 131 de la
Constitución Política de los Estados Unidos Mexicanos en Materia
de Comercio Exterior ("Foreign Trade Act Implementing Article 131
of the Constitution of the United Mexican States"), as amended,

(ii)

a final resolution regarding an annual administrative review of antidumping or countervailing duties by the Secretaria de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development"), as described in paragraph (0) of its Schedule to Annex 1904.15, and

(iii)

a final resolution by the Secretaría de Comercio y Fomento Industrial ("Secretariat of Trade and Industrial Development") as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing antidumping or countervailing duty resolution; and

standard of review means the following standards, as may be amended from time to time by the relevant Party:

(a)

in the case of Canada, the grounds set out in subsection 18.1(4) of the Federal Court Act, as amended, with respect to all final determinations;

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(i)

the standard set out in section 516A(b)(1)(B) of the Tariff Act of 1930, as amended, with the exception of a determination referred to in (ii), and

(ii)

the standard set out in section 516A(b)(1)(A) of the Tariff Act of 1930, as amended, with respect to a determination by the United States International Trade Commission not to initiate a review pursuant to section 751(b) of the Tariff Act of 1930, as amended; and

(c)

in the case of the Mexico, the standard set out in Article 238 of the Código Fiscal de la Federación ("Federal Fiscal Code"), or any successor statutes, based solely on the administrative record.

Chapter Twenty

Institutional Arrangements
and Dispute Settlement Procedures

Section A - Institutions

Article 2001: The Free Trade Commission

1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees.

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(c)

resolve disputes that may arise regarding its interpretation or application;

(d)

supervise the work of all committees and working groups established under this Agreement, referred to in Annex 2001.2; and

(e)

consider any other matter that may affect the operation of this Agreement.

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(a)

establish, and delegate responsibilities to, ad hoc or standing committees, working groups or expert groups;

seek the advice of non-governmental persons or groups; and

(b) (

take such other action in the exercise of its functions as the Parties may agree.

4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus, except as the Commission may otherwise agree.

5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired successively by each Party.

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