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NEWS RELEASE 00-043; MARCH 29, 2000 March 29, 2000
News Release 00-043
Invs. Nos. 701-TA-269-270 (Review) and 731-TA-311-317 and 379-380 (Review)

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING BRASS SHEET AND STRIP FROM BRAZIL, CANADA, FRANCE, GERMANY,
ITALY, JAPAN, KOREA, THE NETHERLANDS, AND SWEDEN

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on brass sheet and strip from Brazil, Canada, France, Germany, Italy, and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty orders on brass sheet and strip from Korea, the Netherlands, and Sweden would not.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of these products from Brazil, Canada, France, Germany, Italy, and Japan will remain in place. As a result of the Commission's negative determinations, the existing orders on imports of these products from Korea, the Netherlands, and Sweden will be revoked.

With respect to France, Germany, Italy, and Japan, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to Brazil and Canada, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan and Okun found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Askey found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to Korea, Vice Chairman Miller and Commissioners Hillman, Koplan, and Askey found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Bragg and Commissioner Okun found that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to the Netherlands, Vice Chairman Miller and Commissioners Hillman, Koplan, Askey, and Okun found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Bragg found that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to Sweden, all six Commissioners found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, Japan, Korea, the Netherlands, and Sweden (Invs. Nos. 701-TA-269-270 (Review) and 731-TA-311-317 and 379-380 (Review), USITC Publication 3290, April 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 27, 2000, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the ITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC) within a reasonably foreseeable time. Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the ITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury determination, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, Japan, Korea, the Netherlands, and Sweden were instituted on February 1, 1999.

On May 6, 1999, the Commission voted to conduct full reviews. With regard to brass sheet and strip from Canada and the Netherlands, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With regard to brass sheet and strip from Brazil, France, Italy, Korea, Germany, and Japan, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews; Commissioner Carol T. Crawford determined that the domestic group responses were adequate and the respondent group responses were inadequate and voted for expedited reviews. With regard to brass sheet and strip from Sweden, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman and Koplan determined that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review; Commissioner Askey determined that both the domestic and the respondent group responses were adequate and voted for a full review; and Commissioner Crawford determined that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on May 19, 1999. That notice and a record of the Commission's votes are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/ "Brass Sheet & Strip from Brazil (AD)," "Brass Sheet & Strip from Brazil (CVD)," "Brass Sheet & Strip from France (AD)," "Brass Sheet & Strip from France (CVD)," "Brass Sheet & Strip from the Netherlands," "Brass Sheet & Strip from Korea," "Brass Sheet & Strip from Germany," "Brass Sheet & Strip from Canada," "Brass Sheet & Strip from Sweden," "Brass Sheet & Strip from Italy," and "Brass Sheet & Strip from Japan").

In addition, a record of the Commission's votes to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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