ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING CERTAIN WELDED STAINLESS STEEL PIPE FROM KOREA AND TAIWAN
The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty orders on certain welded stainless steel pipe from Korea and Taiwan 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 certain welded stainless steel pipe from Korea and Taiwan will remain in place.
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.
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 Certain Welded Stainless Steel Pipe from Korea and Taiwan (Inv. Nos. 731-TA-540 and 541 (Second Review), USITC Publication 3877, August 2006) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after September 6, 2006, by calling 202-205-2000 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 Certain Welded Stainless Steel Pipe from Korea and Taiwan were instituted on September 1, 2005.
On December 5, 2005, the Commission voted to conduct full reviews. Then-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 responses were inadequate, but that circumstances warranted full reviews. Then-Chairman Stephen Koplan and Commissioners Jennifer A. Hillman and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. (When the Commission is evenly divided, a full review is conducted.)
Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on December 12, 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 "Welded ASTM A-312 Stainless Steel Pipe - Korea (2nd Review)" and "Welded ASTM A-312 Stainless Steel Pipe - Taiwan (2nd Review)".)
In addition, a record of the Commission's vote 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.