ITC MAKES AFFIRMATIVE DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING CARBON STEEL BUTT-WELD PIPE FITTINGS
FROM BRAZIL, CHINA, JAPAN, TAIWAN, AND THAILAND
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 these products will remain in place.
Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Daniel R. Pearson found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Shara L. Aranoff did not participate in this investigation.
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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand (Inv. Nos. 731-TA-308-310, 520 and 521 (Second Review), USITC Publication 3809, October 2005) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 21, 2005, 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 and review determinations, 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand were instituted on December 1, 2004.
On March 7, 2005, the Commission voted to conduct full reviews. Vice Chairman Deanna Tanner Okun and Commissioners Marcia E. Miller, Charlotte R. Lane, and Daniel R. Pearson concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Chairman Stephen Koplan and Commissioner Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on March 23, 2005. That notice and a record of the Commission's votes is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Carbon Steel Butt-weld Pipe Fittings - Brazil (2nd Review)," "Carbon Steel Butt-weld Pipe Fittings - China (2nd Review)," "Carbon Steel Butt-weld Pipe Fittings - Japan (2nd Review)," "Carbon Steel Butt- weld Pipe Fittings - Taiwan (2nd Review)," and "Carbon Steel Butt-weld Pipe Fittings - Thailand (2nd Review)").
In addition, a record of the Commission's votes to conduct full 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.