Panel’s Holding Sample Clauses

Panel’s Holding. 52. The Panel therefore holds that to meet its burden to show a facility is a Covered Facility, the United States must show that the product or service referred to in Article 31.A-15 (i) and (ii) originates from the specific facility in question. Here, the United States would have to show that the San Xxxxxx mine exported its production to the United States. The Panel finds, however, that the United States did not meet its burden to show that the San Xxxxxx mine is a Covered Facility under 31.A-15.(i), because it showed no evidence that the San Xxxxxx mine individually “produces a good or supplies a service traded between the Parties.” That is, it only showed that IMMSA’s mines as a group export to the United States.
Sample 1
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Panel’s Holding. 100. The Panel finds that while there is some confusion in the arguments of the Parties, in fact it would appear that they agree on a fundamental premise, namely: that footnote 2 of Article 31- A.2 of the USMCA refers to Denials of Rights that occur under the 2019 LFT or other currently in effect laws that comply with Annex 23-A. It does not apply to prior versions of the 2019 LFT or other laws not currently in force. The Panel agrees with this interpretation of the Mechanism. The Parties also agree that acts that occur prior to the entry into force of the Agreement do not fall within the scope of the Mechanism.
Sample 1

Related to Panel’s Holding

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