October 16, 2000
News Release 00-138
Invs. Nos. 731-TA-474 and 475 (Review)

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN LUG NUTS FROM CHINA AND TAIWAN

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on certain lug nuts from China and Taiwan would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's negative determinations, the existing antidumping duty orders on imports of these products from China and Taiwan will be revoked.

Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, Jennifer A. Hillman, and Thelma J. Askey voted in the negative.

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 Certain Lug Nuts from China and Taiwan (Invs. Nos. 731-TA- 474 and 475 (Review), USITC Publication 3362, October 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after November 15, 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.

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 Certain Lug Nuts from China and Taiwan were instituted on August 2, 1999.

On November 4, 1999, the Commission voted to conduct expedited reviews. Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford and Jennifer A. Hillman concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Commissioners Stephen Koplan and Thelma J. Askey concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. However, in the course of considering the record in the expedited reviews, the Commission determined (Chairman Bragg dissenting), on March 22, 2000, that full reviews were warranted.

Information concerning the Commission's vote to conduct expedited reviews was published in the Federal Register on November 17, 1999; information concerning the Commission's determinations to proceed with full reviews was published in the Federal Register on March 29, 2000. Those notices and a record of the Commission's votes are posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/ "Chrome-Plated Lug Nuts from Taiwan" and "Chrome-Plated Lug Nuts from China").

In addition, a record of the Commission's votes 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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