ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW
CONCERNING AMMONIUM NITRATE FROM RUSSIA
The U.S. International Trade Commission (ITC) today determined that terminating the suspended investigation on ammonium nitrate from Russia 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 suspension agreement regarding ammonium nitrate from Russia will remain in place.
All six Commissioners voted in the affirmative, finding that terminating the suspended investigation on ammonium nitrate from Russia 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 Ammonium Nitrate from Russia (Inv. No. 731-TA-856 (Review), USITC Publication 3844, March 2006) will contain the views of the Commission and information developed during the review.
Copies may be requested after April 17, 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 Ammonium Nitrate from Russia was instituted on April 1, 2005.
On July 5, 2005, the Commission voted to conduct a full review. All six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.
Information concerning the reasons for the Commission's vote to conduct a full review 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 "Ammonium Nitrate - Russia").
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.