Mexico Publishes Procedural Rules for USMCA Binational Panels

Mexico’s Ministry of Economy publishes new USMCA rules for binational panels on antidumping and countervailing duty reviews. The new Procedural Rules under Article 10.12, formally published in the Official Gazette of the Federation (DOF), govern reviews before binational panels of final determinations on antidumping and countervailing duties.

The rules, issued through an agreement signed by Minister of Economy Marcelo Ebrard, will also be published in the Canada Gazette and in the US Federal Register.

The rules apply to all reviews before binational panels under Article 10.12 of the USMCA, ensuring that final trade remedy determinations are reviewed fairly, swiftly, and cost-effectively. Panels must render decisions within 315 days from the start of proceedings. They also define how confidential, governmental, and privileged information must be handled, balancing transparency with protection of sensitive data. 

They also state that parties may file claims and responses under strict deadlines. Hearings may include simultaneous interpretation when needed, and decisions are binding, motivated, and published in each country’s official gazette. Expenses for panelists and administrative functions are shared equally among the involved parties, following rates set by the World Trade Organization and UN guidelines.

The rules also establish scenarios under which reviews may be suspended or terminated, including extraordinary appeals under Annex 10-B.3 of the treaty.