Chlorinated Isocyanurates
USITC Makes Determination in Five-Year (Sunset) Review Concerning Chlorinated Isocyanurates from China
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of chlorinated isocyanurates 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 countervailing duty order on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. Commissioner Jason E. Kearns 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 Chlorinated Isocyanurates from China (Inv. No. 701-TA-501 (Review), USITC Publication 5044, April 2020) will contain the views of the Commission and information developed during the review.
The report will be available by May 8, 2020; 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 Chlorinated Isocyanurates from China was instituted on October 1, 2019.
On January 6, 2020, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, 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. Commissioner Jason E. Kearns did not participate in this 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) Reviews Concerning Chlorinated Isocyanurates from China and Spain
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on chlorinated isocyanurates from China 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 these products from China and Spain will remain in place.
Chairman Deanna Tanner Okun and Commissioners Charlotte R. Lane, Shara L. Aranoff, Irving A. Williamson, and Dean A. Pinkert voted in the affirmative. Commissioner Daniel R. Pearson voted in the affirmative with respect to China and in the negative with respect to Spain.
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 Chlorinated Isocyanurates from China and Spain (Inv. Nos. 731-TA-1082-1083 (Review), USITC Publication 4184, September 2010) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after October 21, 2010, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
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 Chlorinated Isocyanurates from China and Spain were instituted on May 3, 2010.
On August 6, 2010, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews 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.
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USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Chlorinated Isocyanurates from China and Spain
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on chlorinated isocyanurates from China and Spain.
As a result of these votes, the Commission will conduct full reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
With respect to China, Chairman Meredith M. Broadbent and Commissioners David S. Johanson and F. Scott Kieff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson and Rhonda K. Schmidtlein determined that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
With respect to Spain, Chairman Meredith M. Broadbent and Commissioners David S. Johanson and F. Scott Kieff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson and Rhonda K. Schmidtlein determined 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 votes on these matters 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 record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "chlorinated isocyanurates" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.
Chlorinated Isocyanurates from China, But Not Japan, Threaten U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is threatened with material injury by reason of imports of chlorinated isocyanurates that the U.S. Department of Commerce has determined are subsidized by the government of China.
The Commission further determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of this product from Japan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
With respect to imports from China, Chairman Meredith M. Broadbent and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein voted in the affirmative based on threat of material injury. Vice Chairman Dean A. Pinkert voted in the affirmative.
With respect to imports from Japan, Chairman Broadbent and Commissioners Williamson, Johanson, Kieff, and Schmidtlein voted in the negative. Vice Chairman Pinkert voted in the affirmative.
As a result of the USITC's affirmative determination, the U.S. Department of Commerce will issue a countervailing duty order on imports of these products from China. As a result of the USITC's negative determination, no antidumping duty order will be issued on imports of these products from Japan.
The Commission's public report Chlorinated Isocyanurates from China and Japan (Investigation Nos. 701-TA-501 and 731-TA-1226 (Final), USITC Publication 4494, October 2014) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after November 11, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Chlorinated Isocyanurates from China and Japan
Investigation Nos. 701-TA-501 and 731-TA-1226 (Final)
Product Description: Chlorinated isocyanurates are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates: (1) Trichloroisocyanuric acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3∙2H2O), and (3) sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular, and solid (e.g., tablet or stick) forms. Chlorinated isocyanurates are chemical compounds used primarily as sanitizing agents for swimming pools, spas, and industrial water, and as disinfecting and bleaching agents for detergents, bleaches, and cleansers.
Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners: Clearon Corp., South Charleston, WV and Occidental Chemical Corporation,
Dallas, TX.
3. Investigation instituted by USITC: August 29, 2013.
4. USITC hearing: September 9, 2014.
5. USITC vote: October 9, 2014.
6. USITC notification of Department of Commerce: October 21, 2014.
U.S. Industry:
1. Number of producers (integrated) in 2013: Three.
2. Number of producers (tableters) in 2013: (1)
3. Location of producers' plants (integrated producers): Georgia, Louisiana, Texas, and West
Virginia.
4. Location of producers' plants (tableters): (1)
5. Employment of production and related workers in 2013 (integrated producers): (1)
6. Employment of production and related workers in 2013 (tableters): (1)
7. Apparent U.S. consumption in 2013: (1)
8. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1)
U.S. Imports in 2013:
1. From the subject countries during 2013: (1)
2. From other countries during 2013: (1)
3. Leading sources during 2013: China, Italy, Japan, and Mexico.
(1) Withheld to avoid disclosure of business proprietary information.
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