May 9, 2000
News Release 00-061
Invs. Nos. Invs. Nos. 701-TA-318 (Review) and 731-TA-538 and 561 (Review)

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING SULFANILIC ACID FROM CHINA AND INDIA

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on sulfanilic acid from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of this product from China and India will remain in place.

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.

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 Sulfanilic Acid from China and India (Invs. Nos. 701-TA-318 and 731-TA-538 and 561 (Review), USITC Publication 3301, May 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after June 8, 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 Sulfanilic Acid from China and India were instituted on October 1, 1999.

On January 7, 2000, the Commission voted to conduct expedited reviews. Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioner Deanna Tanner Okun did not participate in this phase of these reviews.

Information concerning the reasons for the Commission's votes to conduct expedited reviews was published in the Federal Register on January 18, 2000. 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"/"Sulfanilic Acid from India (AD)," "Sulfanilic Acid from India (CVD)," and "Sulfanilic Acid from China").

In addition, a record of the Commission's votes to conduct expedited 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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