March 6, 2006
News Release 06-016
Inv. Nos. 701-TA-269 and
731-TA-311-314, 317 and 379 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING BRASS SHEET AND STRIP FROM BRAZIL, CANADA, FRANCE, GERMANY, ITALY, AND JAPAN

 The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on brass sheet and strip from France, Germany, Italy, and Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The ITC also determined that revoking the existing countervailing duty order on brass sheet and strip from Brazil and the existing antidumping duty orders on brass sheet and strip from Brazil and Canada 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 affirmative determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of these products from France, Germany, Italy, and Japan will remain in place. As a result of the Commission's negative determinations, the existing orders on imports of these products from Brazil and Canada will be revoked.

With respect to imports from France, Germany, Italy, and Japan, all six Commissioners voted in the affirmative, finding that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to imports from Canada, all six Commissioners voted in the negative, finding that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to imports from Brazil, Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman, Daniel R. Pearson, and Shara L. Aranoff voted in the negative. Chairman Stephen Koplan and Commissioner Charlotte R. Lane voted in the affirmative.

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 Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, and Japan (Inv. Nos. 701-TA-269 and 731-TA-311-314, 317, and 379 (Second Review), USITC Publication 3842, March 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 11, 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.

BACKGROUND

 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 Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, and Japan was instituted on April 1, 2005.

On July 5, 2005, the Commission voted to conduct full reviews. With regard to Germany, all six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. With regard to Brazil, Canada, France, Italy, and Japan, all six Commissioners concluded that the domestic group responses was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on July 19, 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 "Brass Sheet and Strip - Brazil (AD) (2nd Review)," "Brass Sheet and Strip - Brazil (CVD) (2nd Review)," "Brass Sheet and Strip - France (AD) (2nd Review)," "Brass Sheet and Strip - France (CVD) (2nd Review)," "Brass Sheet and Strip - Canada (2nd Review)," "Brass Sheet and Strip - Germany (2nd Review)," "Brass Sheet and Strip - Italy (2nd Review)," and "Brass Sheet and Strip - Japan (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.

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