ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING SILICOMANGANESE FROM BRAZIL, CHINA, AND UKRAINE
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on imports of silicomanganese from Brazil and China and terminating the suspended investigation on silicomanganese from Ukraine 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, the existing antidumping duty orders on imports of these products from Brazil and China will remain in place, and the suspended investigation on silicomanganese from Ukraine will not be terminated.
Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, and Jennifer A. Hillman voted in the affirmative. 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 Silicomanganese from Brazil, China, and Ukraine (Invs. Nos. 731- TA-671-673 (Review), USITC Publication 3386, 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 Silicomanganese from Brazil, China, and Ukraine were instituted on November 2, 1999.
On February 3, 2000, the Commission voted to conduct full reviews. With regard to silicomanganese from Brazil and Ukraine, 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 silicomanganese 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"/ "Silicomanganese from Brazil," "Silicomanganese from China," and "Silicomanganese from Ukraine").
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.