Antidumping & Countervailing Duty Investigations
USITC Votes to Continue Investigations on Certain Freight Rail Couplers and Parts Thereof from China and Mexico
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 certain freight rail couplers and parts thereof from China and Mexico that are allegedly sold in the United States at less than fair value, and subsidized by the government of China.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 certain freight rail couplers and parts thereof from China and Mexico, with its preliminary countervailing duty determination due on or about December 22, 2022, and its preliminary antidumping duty determinations due on or about March 7, 2023.
The Commission’s public report Certain Freight Rail Couplers and Parts Thereof from China and Mexico (Inv. Nos. 701-TA-682 and 731-TA-1592-1593 (Preliminary), USITC Publication 5387, November 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 19, 2022; 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 China and Mexico
Investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Preliminary)
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: Preliminary countervailing duty and antidumping duty investigations.
- 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 Conference Date: Wednesday, October 19, 2022
- USITC Vote Date: Thursday, November 10, 2022
- USITC Notification to Commerce Date: Monday, November 14, 2022
U.S. Industry in 2021:
- Number of U.S. producers: 3
- Location of producers’ plants: Illinois, Michigan, and Pennsylvania
- Production and related workers: 1
- U.S. producers’ U.S. shipments: 1
- Apparent U.S. consumption: 1
- Ratio of subject imports to apparent U.S. consumption: 1
U.S. Shipments of Imports in 2021:
- Subject imports: 1
- Nonsubject imports: None
- Leading import sources: China and Mexico
1Withheld to avoid disclosure of business proprietary information.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Finished Carbon Steel Flanges from India, Italy, and Spain
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order and antidumping duty orders on imports of finished carbon steel flanges from India, Italy, 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, the existing orders on imports of this product from India, Italy, and Spain 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 this five-year (sunset) review.
The Commission’s public report Finished Carbon Steel Flanges from India, Italy, and Spain (Inv. No. 701-TA-563 and 731-TA-1331-1333 (First Review), USITC Publication 5385, November 2022) will contain the views of the Commission and information developed during the review.
The report will be available by December 5, 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) review concerning Finished Carbon Steel Flanges from India, Italy, and Spain was instituted on May 2, 2022.
On August 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 responses were 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 Ferrovanadium from South Korea
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of ferrovanadium from South Korea 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 South Korea 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 this five-year (sunset) review.
The Commission’s public report Ferrovanadium from South Korea (Inv. No. 731-TA-1315 (Review), USITC Publication 5384, November 2022) will contain the views of the Commission and information developed during the review.
The report will be available by December 5, 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) review concerning Ferrovanadium from South Korea was instituted on April 1, 2022.
On July 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 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 HOT-ROLLED STEEL FROM AUSTRALIA, BRAZIL, JAPAN, NETHERLANDS, RUSSIA, SOUTH KOREA, TURKEY, AND THE UNITED KINGDOM
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of hot-rolled steel from South Korea and the antidumping duty orders on imports of hot-rolled steel from Australia, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom 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 Australia, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom will remain in place.
The Commission also determined that revoking the existing antidumping duty and countervailing duty orders on imports of hot-rolled steel from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of the Commission’s negative determinations, the existing orders on imports of this product from Brazil will be revoked.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative for the reviews involving Australia, Japan, , Netherlands, Russia, South Korea, Turkey, and the United Kingdom. For the review of hot-rolled steel from Brazil, Chairman Johanson and Commissioners Kearns and Karpel voted in the negative, and Commissioners Schmidtlein and Stayin 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 Hot-Rolled Steel from Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom (Inv. Nos. 701-TA-545-546 and 731-TA-1291-1297 (Review), and 731-TA-808 (Fourth Review), USITC Publication 5380, October 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by the end of November 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 Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom were instituted on September 1, 2021.
On December 6, 2021, the Commission voted to conduct full reviews. For Australia, Brazil, Japan, Turkey, Netherlands, and the United Kingdom, 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 adequate and voted for full reviews. For Russia and South Korea, 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 full reviews.
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.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Phosphor Copper from South Korea
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of phosphor copper from South Korea 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 South Korea 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 this five-year (sunset) review.
The Commission’s public report Phosphor Copper from South Korea (Inv. No. 731-TA-1314 (First Review), USITC Publication 5377, October 2022) will contain the views of the Commission and information developed during the review.
The report will be available by November 15, 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) review concerning Phosphor Copper from South Korea was instituted on March 1, 2022.
On June 6, 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 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.
Bulletin 22-042
USITC Makes Determination in Five-Year (Sunset) Review Concerning Stainless Steel Sheet and Strip from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty and countervailing duty orders on imports of stainless steel sheet and strip 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 this five-year (sunset) review.
The Commission’s public report Stainless Steel Sheet and Strip from China (Inv. Nos. 701-TA-557 and 731-TA-1312 (First Review), USITC Publication 5376, October 2022) will contain the views of the Commission and information developed during the review.
The report will be available by November 3, 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 inadequa te 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 Sheet and Strip from China was instituted on March 1, 2022.
On June 6, 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 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) Review Concerning Biaxial Integral Geogrid Products from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of biaxial integral geogrid 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 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 Biaxial Integral Geogrid Products from China (Inv. Nos. 701-TA-554 and 731-TA-1309 (First Review), USITC Publication 5369, September 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 13, 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) review concerning Biaxial Integral Geogrid Products from China was instituted on February 1, 2022.
On May 9, 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 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 Determinations in Five-Year (Sunset) Review Concerning Certain Amorphous Silica Fabric from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of certain amorphous silica fabric 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 Certain Amorphous Silica Fabric from China (Inv. Nos. 701-TA-555 and 731-TA-1310 (First Review), USITC Publication 5368, September 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by October 7, 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) review concerning Certain Amorphous Silica Fabric from China was instituted on February 1, 2022.
On May 9, 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 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 Glycine From China
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of glycine 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.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns and Randolph J. Stayin voted in the affirmative. Commissioner Amy A. Karpel did not participate in the vote for 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 these five-year (sunset) review.
The Commission’s public report Glycine from China (Inv. No. 731-TA-718 (Fifth Review), USITC Publication 5347, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 13, 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) review concerning Glycine from China was instituted on January 3, 2022.
On April 8, 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 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 Determination in Five-Year (Sunset) Review Concerning Lemon Juice from Argentina
The U.S. International Trade Commission (USITC) today determined that terminating the suspended investigation on imports of lemon juice from Argentina 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 suspension agreement concerning imports of this product from Argentina will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Randolph J. Stayin voted in the affirmative. Commissioner Amy A. Karpel did not participate in the vote for 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 Lemon Juice from Argentina (Inv. No. 731-TA-1105, Second Review), USITC Publication 5344, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 26, 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) review concerning Lemon Juice from Argentina was instituted on September 1, 2021.
On December 6, 2021, the Commission voted to conduct a full 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 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.