ITC MAKES AFFIRMATIVE DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW
CONCERNING RAW IN-SHELL PISTACHIOS FROM IRAN
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on raw in-shell pistachios from Iran 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 determination and the Department of Commerce's recent affirmative finding, the existing order on imports of raw in-shell pistachios from Iran will remain in place.
All six Commissioners voted in the affirmative, finding that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 this five-year (sunset) review.
The Commission's public report Raw In-Shell Pistachios from Iran (Inv. No. 731-TA-287 (Review), USITC Publication 3824, December 2005) will contain the views of the Commission and information developed during the review.
Copies may be requested after January 5, 2006, 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) review concerning Raw In-Shell Pistachios from Iran was instituted on March 1, 2005.
On June 6, 2005, the Commission voted to conduct a full review. Vice Chairman Deanna Tanner Okun and Commissioners Charlotte R. Lane and Daniel R. Pearson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warrant a full review. Chairman Stephen Koplan, then-Commissioner Marcia E. Miller and Commissioner Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review. (When the Commission is evenly divided, a full review is conducted.)
Information concerning the reasons for the Commission's vote to conduct a full review was published in the Federal Register on June 16, 2005. That notice and a record of the Commission's vote is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Raw In- Shell Pistachios - Iran").
In addition, a record of the Commission's vote to conduct a full review 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.