Antidumping
USITC Votes to Continue Investigations Concerning Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of oil country tubular goods from Argentina, Mexico, and Russia that are allegedly sold in the United States at less than fair value and imports of these products that are allegedly subsidized by the governments of Russia and South Korea.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea, with its preliminary countervailing duty determinations due on or about December 30, 2021, and its preliminary antidumping duty determinations due on or about March 15, 2022.
The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary), USITC Publication 5248, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 21, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Oil Country Tubular Goods (OCTG) from Argentina, Mexico, Russia, and South Korea
Investigation Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary)
Product Description: The merchandise covered by the investigations is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish ( e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the investigations also covers OCTG coupling stock.
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners: Borusan Mannesmann Pipe U.S., Inc., Baytown, TX; PTC Liberty Tubulars LLC, Liberty, TX; U.S. Steel Tubular Products, Inc., Pittsburgh, PA; Welded Tube USA, Inc., Lackawanna, NY; and the United States Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Pittsburgh, PA.
3. USITC Institution Date: Wednesday, October 6, 2021.
4. USITC Conference Date: Wednesday, October 27, 2021.
5. USITC Vote Date: Friday, November 19, 2021.
6. USITC Notification to Commerce Date: Monday, November 22, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 17.
2. Location of producers’ plants: Alabama, Arkansas, Colorado, Louisiana, New York, Ohio, Oklahoma, Pennsylvania, and Texas.
3. Production and related workers: 4,681.
4. U.S. producers’ U.S. shipments: $2.1 billion.
5. Apparent U.S. consumption: $3.1 billion.
6. Ratio of subject imports to apparent U.S. consumption by value: 15.8 percent.
U.S. Imports in 2020:
1. Subject imports: $493 million.
2. Nonsubject imports: $556 million.
3. Leading import sources: Argentina, Austria, Canada, Mexico, Russia, South Korea, and Taiwan.
Utility Scale Wind Towers from India and Malaysia Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of utility scale wind towers from India and Malaysia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of India.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue a countervailing duty order on imports of this product from India and antidumping duty orders on imports of this product from India and Malaysia.
The Commission’s public report Utility Scale Wind Towers from India and Malaysia (Inv. Nos. 701-TA-660 and 731-TA-1543-1544 (Final), USITC Publication 5247, November 2021) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 20, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Utility Scale Wind Towers from India and Malaysia
Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final)
Product Description: Wind towers, whether or not tapered, and sections thereof, designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded from the scope are: (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; and, (2) any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.
Status of Proceedings:
1. Type of investigations: Final countervailing duty and antidumping investigations.
2. Petitioners: Arcosa Wind Towers Inc., Dallas, TX; Broadwind Towers, Inc., Manitowoc, WI.
3. USITC Institution Date: Wednesday, September 30, 2020.
4. USITC Hearing Date: Thursday, June 10, 2021.[1]
5. USITC Vote Date: Tuesday, November 16, 2021.
6. USITC Notification to Commerce Date: Monday, November 29, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 6.
2. Location of producers’ plants: Colorado, Illinois, Iowa, Michigan, North Dakota, Oklahoma, South Dakota, Texas, and Wisconsin.
3. Production and related workers: 2,205.
4. U.S. producers’ U.S. shipments: $955 million.
5. Apparent U.S. consumption: $1.8 billion.
6. Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2020:
1. Subject imports: [2]
2. Nonsubject imports: 2
3. Leading import sources: Malaysia, India, and Spain.
[1] The hearing was cancelled. For more information, please see 86 FR 31730.
[2] Withheld to avoid disclosure of business proprietary information.
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam Injures U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Indonesia, Malaysia, Thailand, and Vietnam.
The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Final), USITC Publication 5246, December 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 28, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam
Investigation Nos. 731-TA-1550-1553 (Final)
Product Description: Polyester textured yarn is synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate) and produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigations.
2. Petitioners: Nan Ya Plastics Corp. America, Lake City, SC; Unifi Manufacturing, Inc., Greensboro, NC.
3. USITC Institution Date: Wednesday, October 28, 2020.
4. USITC Hearing Date: Thursday, October 14, 2021.
5. USITC Vote Date: Tuesday, November 16, 2021.
6. USITC Notification to Commerce Date: Tuesday, December 7, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 6.
2. Location of producers’ plants: Georgia, North Carolina, and South Carolina.
3. Production and related workers: 965.
4. U.S. producers’ U.S. shipments: $213 million.
5. Apparent U.S. consumption: $334 million.
6. Ratio of subject imports to apparent U.S. consumption: 15 percent.
U.S. Imports in 2020:
1. Subject imports: $50 million.
2. Nonsubject imports: $71 million.
3. Leading import sources: Mexico, Indonesia, Thailand, and Malaysia.
USITC Votes to Continue Investigations Concerning Freight Rail Coupler Systems and Components from China
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of freight rail coupler systems and components from China that are allegedly subsidized and sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of freight rail coupler systems and components from China, with its preliminary countervailing duty determination due on or about December 23, 2021, and its preliminary antidumping duty determination due on or about March 8, 2022.
The Commission’s public report Freight Rail Coupler Systems and Components from China (Inv. Nos. 701-TA-670 and 731-TA-1570 (Preliminary), USITC Publication 5243, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 13, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Freight Rail Coupler Systems and Components from China
Investigation Nos. 701-TA-670 and 731-TA-1570 (Preliminary)
Product Description: Freight rail coupler systems and components (“FRC”) are metal structures used to connect freight rail cars together. FRC are comprised of a system of four main metal components: knuckles, coupler bodies, coupler yokes, and follower blocks. Knuckles are typically metal castings in the shape of a hook that pivot on a vertical hinge between a "locked" and an "unlocked" position to allow for interlocking with knuckles of adjacent FRC. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. The coupler body fits within the coupler yoke, which is a metal casting that attaches the FRC to a freight car. The follower block is a rectangular piece of metal that separates the FRC with the adjacent draft gear of a freight car (designed to absorb some of the forces when connecting freight rail cars). FRC are designed to connect two freight cars together by automatically interlocking the knuckles of both FRC when the freight cars are pushed together.
Status of Proceedings:
1. Type of investigations: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners: McConway and Torley, LLC, Pittsburgh, PA; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA.
3. USITC Institution Date: Wednesday, September 29, 2021.
4. USITC Conference Date: Wednesday, October 20, 2021.
5. USITC Vote Date: Friday, November 12, 2021.
6. USITC Notification to Commerce Date: Monday, November 15, 2021.
U.S. Industry in 2020:
1. Number of U.S. producers: 3.
2. Location of producers’ plants: Illinois, Michigan, and Pennsylvania.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2020:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: China and Mexico.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Potassium Permanganate from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of potassium permanganate from China 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, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel 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 this five-year (sunset) review.
The Commission’s public report Potassium Permanganate from China (Inv. No. 731-TA-125 (Fifth Review), USITC Publication 5241, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by December 21, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 USITC 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 (USITC) 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 USITC’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 Potassium Permanganate from China was instituted on February 1, 2021.
On May 7, 2021, the Commission voted to conduct a full review. Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Alloy Magnesium from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of alloy magnesium from China 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, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel 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 this five-year (sunset) review.
The Commission’s public report Alloy Magnesium from China (Inv. No. 731-TA-1071 (Third Review), USITC Publication 5238, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 29, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 USITC 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 (USITC) 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 USITC’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 Alloy Magnesium from China was instituted on June 1, 2021.
On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stain, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited 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.
Thermal Paper from Germany, Japan, Korea, and Spain Injures U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of thermal paper from Germany, Japan, Korea, and Spain that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Germany, Japan, Korea, and Spain.
The Commission also made negative critical circumstances findings with regard to imports of this product from Germany and Korea. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Thermal Paper from Germany, Japan, Korea, and Spain (Inv. Nos. 731-TA-1546-1549 (Final), USITC Publication 5237, November 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 29, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Thermal Paper from Germany, Japan, Korea, and Spain
Investigation Nos. 731-TA-1546-1549 (Final)
Product Description: Thermal paper in the form of “jumbo rolls” and certain “converted rolls.” The scope covers jumbo rolls and converted rolls of thermal paper with or without a base coat (typically made of clay, latex, and/or plastic pigments, and/or like materials) on one or both sides; with thermal active coating(s) (typically made of sensitizer, dye, and coreactant, and/or like materials) on one or both sides; with or without a top coat (typically made of pigments, polyvinyl alcohol, and/or like materials), and without an adhesive backing. Jumbo rolls are defined as rolls with an actual width of 4.5 inches or more, an actual weight of 65 pounds or more, and an actual diameter of 20 inches or more (jumbo rolls). All jumbo rolls are included in the scope regardless of the basis weight of the paper. Also included in the scope are “converted rolls” with an actual width of less than 4.5 inches, and with an actual basis weight of 70 grams per square meter (gsm) or less. The scope of this investigation covers thermal paper that is converted into rolls with an actual width of less than 4.5 inches and with an actual basis weight of 70 gsm or less in third countries from jumbo rolls produced in the subject countries.
Status of Proceedings:
1. Type of investigation: Final antidumping duty investigations.
2. Petitioners: Appvion Operations, Appleton, WI; and Domtar Corporation, Fort Mills, SC.
3. USITC Institution Date: Wednesday, October 7, 2020.
>4. USITC Hearing Date: Tuesday, September 21, 2021.
5. USITC Vote Date: Tuesday, October 26, 2021.
6. USITC Notification to Commerce Date: Monday, November 15, 2021.
U.S. Industry in 2021:
1. Number of U.S. producers: 10.
2. Location of producers’ plants: Arizona, Kansas, Massachusetts, Michigan, Minnesota, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas Virginia, Wisconsin.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2021:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Germany, Korea.
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Certain Tissue Paper Products from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of certain tissue paper products from China 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, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel 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 this five-year (sunset) review.
The Commission’s public report Certain Tissue Paper Products from China (Inv. No. 731-TA-1070B (Third Review), USITC Publication 5236, November 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 24, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 USITC 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 (USITC) 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 USITC’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 Certain Tissue Paper Products from China was instituted on June 1, 2021.
On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited 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.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam and the existing countervailing duty order on imports of this product from Vietnam 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, the existing orders on imports of this product from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel 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 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review), USITC Publication 5233, October 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 8, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 USITC 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 (USITC) 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 USITC’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 Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam were instituted on April 1, 2021.
On July 7, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited 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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Petroleum Wax Candles from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of petroleum wax candles from China 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, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chair Randolph J. Stayin did not participate in this review.
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 Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fifth Review), USITC Publication 5232, October 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 2, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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 USITC 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 (USITC) 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 USITC’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 Petroleum Wax Candles from China was instituted on April 1, 2021.
On July 7, 2021, the Commission voted to conduct an expedited review. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Randolph J. Stayin did not participate in this adequacy determination.
A record of the Commission’s vote to conduct an expedited 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.