Antidumping and countervailing duty
USITC Makes Determination in Five-Year (Sunset) Review Concerning Large Residential Washers from Mexico
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on large residential washers from Mexico 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 these products from Mexico will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Large Residential Washers from Mexico (Inv. No. 731-TA-1200 (Second Review), USITC Publication 5552, October 2024) will contain the views of the Commission and information developed during the review.
The report will be available by October 25, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Large Residential Washers from Mexico was instituted on April 1, 2024.
On July 5, 2024, the Commission determined to conduct an expedited five-year review. Chair Amy A. Karpel and Commissioners David S. Johanson Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available on the investigations page for Large Residential Washers from Mexico; Inv. No. 731-TA-1200 (Review 2).
USITC Makes Determination in Five-Year (Sunset) Review Concerning Sodium Hexametaphosphate (SHMP) from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on sodium hexametaphosphate (SHMP) 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 these products from China will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Sodium Hexametaphosphate from China (Inv. No. 731-TA-1110 (Third Review), USITC Publication 5549, September 2024) will contain the views of the Commission and information developed during the review.
The report will be available by October25, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Sodium Hexametaphosphate from China was instituted on February 1, 2024.
On May 6, 2024, the Commission determined to conduct an expedited five-year review. Chair Amy A. Karpel and, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for an expedited review. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted to conduct a full review.
A record of the Commission’s vote to conduct an expedited review is available on the investigations page for Sodium Hexametaphosphate (SHMP) from China; Inv. No. 731-TA-1110 (Review 3).
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Crystalline Silicon Photovoltaic Cells and Modules from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells and modules 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 determinations, the existing orders on imports of these products from China will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Second Review), USITC Publication 5546, September 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 18, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Crystalline Silicon Photovoltaic Cells and Modules from China were instituted on February 1, 2024.
On May 6, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group responses were adequate, and the respondent interested party group responses were inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Crystalline Silicon Photovoltaic Cells and Modules from China; Inv. No. 701-TA-481 and 731-TA-1190 (Second Review).
Brass Rod from Israel 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 brass rod from Israel 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 Israel.
Chair Amy Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioner David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from Israel.
The Commission’s public report Brass Rod from Israel (Inv. Nos. 701-TA-687 and 731-TA-1614 (Final), USITC Publication 5545, September 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by October 17, 2024; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Plastic Decorative Ribbon from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on plastic decorative ribbon 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 orders on imports of these products from China will remain in place.
Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Chair Amy A. Karpel did not participate in the vote.
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 Plastic Decorative Ribbon from China (Inv. Nos. 701-TA-592 and 731-TA-1400 (Review), USITC Publication 5541, September 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 4, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Plastic Decorative Ribbon from China were instituted on February 1, 2024.
On May 6, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group responses were adequate, and the respondent interested party group responses were inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Plastic Decorative Ribbon from China, Inv. Nos. 701-TA-592 and 731-TA-1400 (Review).
USITC Makes Determination in Five-Year (Sunset) Review Concerning Common Alloy Aluminum Sheet from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on common alloy aluminum sheet 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 determinations, the existing orders on imports of these products from China will remain in place.
Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Chair Amy A. Karpel did not participate in the vote.
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 Common Alloy Aluminum Sheet from China (Inv. Nos. 701-TA-591 and 731-TA-1399 (Review), USITC Publication 5538, August 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 20, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Common Alloy Aluminum Sheet from China were instituted on January 2, 2024.
On April 8, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate and the respondent interested party group response was inadequate, and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the Common Alloy Aluminum Sheet; Inv. Nos. 701-TA-591 and 731-TA-1399 investigations page.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Truck and Bus Tires from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on truck and bus tires 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 determinations, the existing orders on imports of these products from China will remain in place.
Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioner David S. Johanson 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 Truck and Bus Tires from China (Inv. Nos. 701-TA-556 and 731-TA-1311 (Expedited Review), USITC Publication 5535, August 2024) will contain the views of the Commission and information developed during the reviews.
The report will be available by September 20, 2024; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Truck and Bus Tires from China was instituted on January 2, 2024.
On April 8, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns concluded that that the domestic interested party group response was adequate and the respondent interested party group response was inadequate, and voted to conduct expedited reviews. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate and the respondent interested party group response was inadequate, and voted to conduct full reviews.
A record of the Commission’s vote on whether to conduct full reviews is available on the Truck and Bus Tires from China; Inv. No. 701-TA-556 and 731-TA-1311 investigations page.
Freight Rail Couplers from Mexico 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 certain freight rail couplers and parts thereof from Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. Chairman David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue an antidumping duty order on imports of this product from Mexico.
The Commission’s public report, Certain Freight Rail Couplers and Parts Thereof from Mexico (Inv. No. 731-TA-1593 (Final), USITC Publication 5470, November 2023) will contain the views of the Commission and information developed during the investigation.
The report will be available by December 4, 2023; 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
Certain Freight Rail Couplers and Parts Thereof from Mexico
Investigation No. 731-TA-1593 (Final)
Product Description: Certain freight rail couplers and parts thereof ("FRCs") are metal structures used to connect freight rail cars together. FRCs are comprised of two main metal components: knuckles and coupler bodies; in addition to ancillary parts (e.g., coupler locks, coupler lock lifters, knuckle pins, knuckle throwers, and rotors). 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 FRCs. Coupler bodies are a metal casting that hold the knuckle and allow it to pivot. FRCs are designed to connect two freight cars together by automatically interlocking the knuckles of both freight rail coupler systems when the freight cars are pushed together.
Status of Proceedings:
- Type of investigation: Antidumping duty investigation.1
- Petitioners: McConway and Torley, LLC, Pittsburgh, Pennsylvania; United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.
- USITC Institution Date: Wednesday, September 28, 2022.
- USITC Hearing Date: Thursday, May 18, 2023.
- USITC Vote Date: Tuesday, October 24, 2023.
- USITC Notification to Commerce Date: Monday, November 06, 2023.
U.S. Industry in 2022:
- Number of U.S. producers: 2.
- Location of producers’ plants: Illinois and Pennsylvania.
- Production and related workers: 2
- U.S. producers’ U.S. shipments: 2
- Apparent U.S. consumption: 2
- Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2022:
- Subject imports: 2
- Nonsubject imports: 2
- Leading import sources: China and Mexico.
1 The Commission voted on its countervailing and antidumping investigations on FRC from China (Inv. Nos. 701-682 and 731-1592) on June 14, 2023, and notified Commerce of its affirmative determinations on July 3, 2023.
2 Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Stainless Steel Wire Rod from India
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of stainless steel wire rod from India 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 India will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Stainless Steel Wire Rod from India (Inv. No. 731-TA-638 (Fifth Review), USITC Publication 5396, December 2022) will contain the views of the Commission and information developed during the review.
The report will be available by January 17, 2023; 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 Stainless Steel Wire Rod from India (Fifth Review) was instituted on May 2, 2022.
On August 5, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate. Chairman Johanson voted for a full review. Commissioners Schmidtlein, Kearns, Stayin, and Karpel 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 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of 1-hydroxyethylidene-1, 1-diphosphonic acid 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 determinations, the existing orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (Review), USITC Publication 5386, November 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 16, 2022; 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 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China were instituted on April 1, 2022.
On July 5, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was 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.