The U.S. International Trade Commission (ITC) today determined that revoking the existing
antidumping duty order on internal combustion industrial forklift trucks from Japan would not be
likely to lead to continuation or recurrence of material injury within a reasonably foreseeable
time.
As a result of the Commission's negative determination, the existing order on imports of these products from Japan will be revoked.
All six Commissioners found that revoking the existing order would not 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 Internal Combustion Industrial Forklift Trucks from Japan (Inv. No. 731-TA-377 (Second Review), USITC Publication 3831, December 2005) will contain the views of the Commission and information developed during the review.
Copies may be requested after January 26, 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 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 Internal Combustion Industrial Forklift Trucks from Japan was instituted on March 1, 2005.
On June 6, 2005, the Commission voted to conduct a full review. Then-Commissioner Marcia E. Miller and Commissioners Jennifer A. Hillman, 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. Vice Chairman Deanna Tanner Okun concluded that the domestic group response was inadequate and the respondent group response was inadequate, but that circumstances warrant a full review. Chairman Stephen Koplan concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
Information concerning the reasons for the Commission's vote to conduct a full review was published in the Federal Register on June 24, 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 "Internal Combustion Industrial Forklift Trucks - Japan (2nd Review)").
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.