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NEWS RELEASE 03-098; October 16, 2003 October 16, 2003
News Release 03-098
Inv. No. TA-421-4

ITC MAKES NEGATIVE CRITICAL CIRCUMSTANCES DETERMINATION IN CHINA SAFEGUARD INVESTIGATION

The U.S. International Trade Commission today made a negative critical circumstances finding as part of its China safeguard investigation concerning certain ductile iron waterworks fittings from China. The Commission did not find that a delay in taking action under the statute would cause damage to the domestic industry which would be difficult to repair.

Chairman Deanna Tanner Okun, Vice Chairman Jennifer A. Hillman, and Commissioners Marcia E. Miller and Stephen Koplan made negative critical circumstances determinations. Commissioner Charlotte R. Lane made an affirmative determination. Commissioner Daniel R. Pearson did not participate in this vote.

As a result of the Commission's negative critical circumstances determination, provisional relief cannot be provided.

The Commission will continue its investigation and will make its market disruption determination by December 4, 2003. If that determination is affirmative, it will vote on remedy recommendations by December 15, 2003. The Commission will forward its findings and recommendations, if any, to the President by December 24, 2003. If the Commission's determination is affirmative, the President will make the final decision concerning whether to provide relief to the industry and the type and duration of any such relief.

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ABOUT THIS DETERMINATION:
If critical circumstances are alleged in a China safeguard investigation, the Commission is required to determine whether a delay in taking action under the statute would cause damage to the relevant domestic industry which would be difficult to repair. If that determination is affirmative, the Commission must then make a preliminary determination of whether imports of the product under investigation have caused or threatened to cause market disruption. If the Commission's critical circumstances determination is affirmative, it submits a provisional remedy proposal to the President and the U.S. Trade Representative. The President makes the final decision concerning provisional safeguard relief.