ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING STAINLESS STEEL BAR FROM BRAZIL, INDIA, JAPAN, AND SPAIN
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain 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 this product from Brazil, India, Japan, and Spain will remain in place.
With respect to India and Japan, all six Commissioners voted in the affirmative. With respect to Brazil and Spain, Vice Chairman Shara L. Aranoff and Commissioners Jennifer A. Hillman, Stephen Koplan, Charlotte R. Lane voted in the affirmative; Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun voted in the negative.
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 Stainless Steel Bar from Brazil, India, Japan, and Spain (Inv. Nos. 731-TA-678, 679, 681, and 682 (Second Review)), USITC Publication 3895, December 2006) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after January 5, 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 Stainless Steel Bar from Brazil, India, Japan, and Spain were instituted on March 1, 2006.
On June 5, 2006, the Commission voted to conduct full reviews. All six Commissioners concluded that the domestic group response was adequate. All six concluded that the respondent group response regarding Brazil was adequate, but that the respondent group responses regarding India, Japan, and Spain were inadequate. All six Commissioners voted for full reviews.
Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on June 14, 2006. 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 "Stainless Steel Bar - Brazil (2nd Review)," "Stainless Steel Bar - India (2nd Review)," "Stainless Steel Bar - Japan (2nd Review)," and "Stainless Steel Bar - Spain (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.