Silicomanganese
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Silicomanganese from China and Ukraine
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of silicomanganese from China and Ukraine 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 antidumping duty orders on imports of this product from China and Ukraine will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioner Meredith M. Broadbent voted in the affirmative with respect to Ukraine and the negative with respect to China.
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) reviews.
The Commission’s public report Silicomanganese from China and Ukraine (Inv. Nos. 731-TA-672-673 (Fourth Review), USITC Publication 4845, November 2018) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 7, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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 Silicomanganese from China and Ukraine were instituted on October 2, 2017.
On January 5, 2018, the Commission voted to conduct full reviews. With respect to China, Commissioners Rhonda K. Schmidtlein, David S. Johanson, Irving A. Williamson, and Meredith M. Broadbent 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 Ukraine, Commissioners Schmidtlein, Johanson, Williamson, and Broadbent concluded that both the domestic group response and the respondent group response 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.
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Silicomanganese from China and Ukraine
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping orders on silicomanganese from China and Ukraine.
As a result of the votes, the Commission will conduct full reviews to determine whether revocation of the 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 Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent 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 Ukraine, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for a full 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 votes 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 “silicomanganese” 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.
Silicomanganese from Australia Does Not Injure U.S. Industry, Says USITC
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 silicomanganese from Australia that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
All six Commissioners voted in the negative.
As a result of the USITC’s negative determinations, no antidumping duties will be imposed.
The Commission’s public report Silicomanganese from Australia (Investigation No. 731-TA-1269 (Final), USITC Publication 4600, April 2016) will contain the views of the Commission and information developed during the investigation.
The report will be available by April 27, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Silicomanganese from Australia
Investigation No. 731-TA-1269 (Final)
Product Description: The scope of this investigation covers all forms, sizes and compositions of silicomanganese, except low-carbon silicomanganese, including silicomanganese briquettes, fines, and slag. Silicomanganese is properly classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Low-carbon silicomanganese is excluded from the scope of this investigation. Low-carbon silicomanganese is classifiable under HTSUS subheading 7202.30.0000. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope is dispositive.
Status of Proceeding:
1. Type of investigation: Final antidumping.
2. Petitioner: Felman Production LLC, Letart, West Virginia.
3. Preliminary investigation instituted by the USITC: February 19, 2015.
4. USITC hearing: February 11, 2016.
5. USITC vote: March 11, 2016.
6. USITC views to the U.S. Department of Commerce: March 23, 2016.
U.S. Industry:
1. Number of producers in 2014: Two.
2. Location of producers’ plants: Ohio and West Virginia.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: $464.7 million.
5. Ratio of the value of shipments of U.S. imports to total U.S. consumption in 2014: 1
Shipments of U.S. Imports:
1. From the subject country during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Georgia, South Africa and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
USITC Votes to Continue Investigation on Silicomanganese from Australia
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 silicomanganese from Australia that are allegedly sold in the United States at less than fair value.
All six Commissioners voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue to conduct its investigation on imports of this product from Australia, with its preliminary antidumping duty determination due on or about July 29, 2015.
The Commission’s public report Silicomanganese from Australia (Investigation No. 731-TA-1269 (Preliminary), USITC Publication 4528, April 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after May 4, 2015. 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
Silicomanganese from Australia
Investigation No. 731-TA-1269 (Preliminary)
Product Description: The scope of this investigation covers all forms, sizes and compositions of silicomanganese, except low‐carbon silicomanganese, including silicomanganese briquettes, fines, and slag. Silicomanganese is a ferroalloy composed principally of manganese, silicon, and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorus, and sulfur. Silicomanganese is sometimes referred to as ferrosilicon manganese.
The low‐carbon silicomanganese excluded from this investigation is a ferroalloy with the following chemical specifications by weight: minimum 55 percent manganese, minimum 27 percent silicon, minimum 4 percent iron, maximum 0.10 percent phosphorus, maximum 0.10 percent carbon, and maximum 0.05 percent sulfur. Low‐carbon silicomanganese is sometimes referred to as ferromanganese‐silicon.
Status of Proceeding:
1. Type of investigation: Preliminary antidumping.
2. Petitioner: Felman Production LLC, Letart, West Virginia.
3. Preliminary investigation instituted by the USITC: February 19, 2015.
4. Commission’s conference: March 12, 2015.
5. USITC vote: April 3, 2015.
6. USITC determinations to the U.S. Department of Commerce: April 6, 2015.
7. USITC views to the U.S. Department of Commerce: April 13, 2015.
U.S. Industry:
1. Number of producers in 2014: Two.
2. Location of producers’ plants: Ohio and West Virginia.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: 1
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 1
U.S. Imports:
1. From the subject country during 2014: $78.6 million.
2. From other countries during 2014: $368.8 million.
3. Leading sources during 2014: Georgia, South Africa and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Silicomanganese from Brazil, China, and Ukraine
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on silicomanganese from China and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time and that revoking the existing antidumping duty order on silicomanganese 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 affirmative determinations, the existing orders on imports of this product from China and Ukraine will remain in place and the existing order on imports of this product from Brazil will be terminated.
With regard to imports of this product from China, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. With regard to imports of this product from Ukraine, Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative. With regard to imports of this product from Brazil, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson voted in the negative. Commissioner Dean A. Pinkert voted in the affirmative. Commissioner Meredith Broadbent did not participate in these reviews.
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 Silicomanganese from Brazil, China, and Ukraine (Inv. Nos. 731-TA-671-673 (Third Review), USITC Publication 4354, October 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 14, 2012, 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 Silicomanganese from Brazil, China, and Ukraine were instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct full reviews. With respect to Brazil and Ukraine, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to China, all six Commissioners found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted 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.
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Silicomanganese from India, Kazakhstan, and Venezuela
The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five- year ("sunset") reviews concerning the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela (Inv. Nos. 731-TA-929-931 (Second Review)).
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.
Regarding India and Kazakhstan, all six Commissioners concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
Regarding Venezuela, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews.
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 on "silicomanganese" 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.