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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 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey were instituted on August 2, 2021.

On November 5, 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.

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of narrow woven ribbons with woven selvedge (“narrow woven ribbons”) from China and antidumping duty orders on narrow woven ribbons from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China and Taiwan 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 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan (Inv. Nos.  701-TA-467 and 731-TA-1164-1165 (Second Review), USITC Publication 5292, March 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 28, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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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 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan were instituted on August 2, 2021.

On November 5, 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.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of uncoated paper from Australia, Brazil, China, Indonesia, and Portugal and the existing countervailing duty orders on imports of uncoated paper from China and Indonesia 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, Brazil, China, Indonesia, and Portugal 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 Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos. 701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication 5275, January 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 18, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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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 uncoated paper from Australia, Brazil, China, Indonesia, and Portugal were instituted on February 1, 2021.

On May 7, 2021, the Commission voted to conduct full reviews. With respect to Australia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review.  With respect to Brazil, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review.  With respect to China, Commissioners David S. Johanson, 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, but that circumstances warranted a full review.  With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review.  With respect to Portugal, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and 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 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.

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 emulsion styrene-butadiene rubber from Czechia, Italy, and Russia that are allegedly sold in the United States at less than fair value.

Chair Jason E. Kearns, Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  Vice Chair Randolph J. Stayin did not participate in these investigations.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of emulsion styrene-butadiene rubber from Czechia, Italy, and Russia, with its preliminary antidumping duty determinations due on or about April 25, 2022.

The Commission’s public report Emulsion Styrene-Butadiene Rubber from Czechia, Italy, and Russia (Inv. Nos. 731-TA-1575-1577 (Preliminary), USITC Publication 5274, January 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after January 28, 2022; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Emulsion Styrene-Butadiene Rubber (ESBR) from Czechia, Italy, and Russia
Investigation Nos. 731-TA-1575-1577 (Preliminary)

Product Description:  Emulsion styrene-butadiene rubber ("ESBR") elastomers are large volume synthetic rubber copolymer derivatives of the petrochemical feedstocks styrene and butadiene produced by cold emulsion polymerization at 41-55 degrees Fahrenheit and typically compressed into salable rectangular bales of 80 pounds, but also sold in granules, crumbs, pellets, powders, plates, sheets, strip, etc. Scope products resulting from the production process consist of the 1500 and 1700 series grades of ESBR synthetic rubber elastomers defined by the International Institute of Synthetic Rubber Producers (IISRP). The 1500 series products are light-colored solid grades of ESBR popularly sold for tire and other applications, while the 1700 series products contain petroleum extender oil, darker in color but more easily processed and typically used for specialty compounding in tire manufacture and other applications. Some 70 percent or more of ESBR is used in tire tread compound formulations designed for new passenger vehicle and light truck replacement tires and heavier truck tire retreads, where its superior durability and extended tire wear characteristics excel. ESBR is also employed in a large variety of other applications including conveyor belting, hoses, other mechanical goods, and footwear. Scope exclusions include IISRP carbon black master batch 1600 and 1800 series, high styrene resin master batch 1900 series, and latex intermediate products.

Status of Proceedings:

1.          Type of investigation:  Preliminary antidumping duty investigations.
2.          Petitioner:  Lion Elastomers LLC, Port Neches, Texas.
3.          USITC Effective Institution Date:  Monday, November 15, 2021.
4.          USITC Conference Date:  Monday, December 6, 2021.
5.          USITC Vote Date:  Wednesday, December 29, 2021.
6.          USITC Notification to Commerce Date:  Thursday, December 30, 2021.

U.S. Industry in 2020:

1.          Number of U.S. producers:  2.
2.          Location of producers’ plants:  Texas.
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:  Russia, Taiwan, and Mexico (by volume).

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of dried tart cherries from Turkey that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.

As a result of the USITC’s negative determinations, no antidumping and countervailing duty orders will be issued.

The Commission’s public report Dried Tart Cherries from Turkey (Inv. Nos. 701-TA-622 and 731-TA-1448 (Final), USITC Publication 5014, January 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by February 18, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.  

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Dried Tart Cherries from Turkey
Investigation Nos. 701-TA-622 and 731-TA-1448 (Final)

Product Description: Dried tart cherries are a type of processed tart cherry that is consumed directly or used in nut or dried fruit mixtures, cereals, baked goods, and other processed foods. Dried tart cherries have a tender, chewy texture, and the full flavor profile comes from the high acidity of the fresh tart cherry. Before they are dried, tart cherries are usually pitted, and can be infused with a sweetener or flavoring juice. They can be sold whole or diced, chopped, or further reduced in size.

Status of Proceedings:

1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Cherry Central Cooperative, Traverse City, MI; Graceland Fruit, Inc., Frankfort, MI; Oceana Foods, Shelby, MI; Payson Fruit Growers Coop, Payson, UT; Shoreline Fruit, LLC, Traverse City, MI; Smeltzer Orchard Co., Frankfort, MI.
3. USITC Institution Date: Tuesday, April 23, 2019.
4. USITC Hearing Date: Tuesday, December 3, 2019.
5. USITC Vote Date: Tuesday, January 14, 2020.
6. USITC Notification to Commerce Date: Monday, January 27, 2020.

U.S. Industry in 2018:

1. Number of U.S. producers: 5.
2. Location of producers’ plants: Michigan and Utah.
3. Production and related workers: 336.
4. U.S. producers’ U.S. shipments: $70.6 million.
5. Apparent U.S. consumption:
6. Ratio of subject imports to apparent U.S. consumption:   ¹

U.S. Imports in 2018:

1. 1. Subject imports:   ¹
2. 2. Nonsubject imports:   ¹
3. 3. Leading import sources: Turkey, Serbia, and Uzbekistan.   ¹

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Antidumping and Countervailing Duty Laws Under the Tariff Act of 1930

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