ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING SILICON METAL FROM ARGENTINA, BRAZIL, AND CHINA
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on imports of silicon metal from Brazil and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty order on imports of this product from Argentina would not.
As a result of the Commission's affirmative determinations, the existing antidumping duty orders on imports of this product from Brazil and China will remain in place. As a result of the Commission's negative determination concerning Argentina, the existing antidumping duty order on imports of this product from that country will be revoked.
With respect to Brazil and China, Chairman Stephen Koplan and Commissioners Lynn M. Bragg, Marcia E. Miller, and Jennifer A. Hillman voted in the affirmative. With respect to Argentina, Chairman Koplan and Commissioners Miller and Hillman voted in the negative, and Commissioner Bragg voted in the affirmative. Vice Chairman Deanna Tanner Okun did not participate in these reviews. Commissioner Thelma J. Askey did not participate in these votes.
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 Silicon Metal from Argentina, Brazil, and China (Invs. Nos. 731- TA-470-472 (Review), USITC Publication 3385, January 2001) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after February 15, 2001, 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.
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 Silicon Metal from Argentina, Brazil, and China were instituted on November 2, 1999.
On February 3, 2000, the Commission voted to conduct full reviews. With regard to silicon metal from Argentina and Brazil, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With regard to silicon metal from China, all six Commissioners determined that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
Information concerning the Commission's vote to conduct full reviews was published in the Federal Register on February 16, 2000. That notice 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"/"Silicon Metal from Argentina," "Silicon Metal from Brazil," and "Silicon Metal 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.