July 24, 2015
News Release 15-064
Inv. No(s). 332-503
Contact: Peg O'Laughlin, 202-205-1819
Program Provides Too Few Incentives to Help Boost Competitiveness of Dominican Apparel Exports, Says USITC

Six years after the implementation of the Earned Import Allowance Program (EIAP), the government of the Dominican Republic and U.S. and Dominican apparel industry sources continue to indicate that the program is not providing enough incentives to help reverse the decline in Dominican apparel exports to the U.S. market, as intended, reports the U.S. International Trade Commission (USITC) in its publication Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Sixth Annual Review.

The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free.  The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, as amended, requires the USITC, an independent, nonpartisan, factfinding federal agency, to evaluate annually the effectiveness of the EIAP program and make recommendations for improvements.

The USITC's sixth annual review was submitted to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance on July 24, 2015. Highlights of the report follow.

  • Of the 13 registered firms, only five firms are currently using the program, the same number reported in the fifth annual review.
  • In 2014, U.S. imports of woven cotton bottoms from the Dominican Republic totaled less than 8 percent of the value and quantity of imports under the program in 2010, the first full year of the program.  Also, U.S. exports to the Dominican Republic of cotton fabrics of a weight suitable for making bottoms fell for the third year in a row, declining by 12 percent by quantity and 19 percent by value between 2013 and 2014.
  • The recommendations offered during the sixth annual review of the EIAP were virtually the same as those received by the Commission during the previous five annual reviews—1) lowering the 2-for-1 ratio of U.S. to foreign fabric to a 1-for-1 ratio; 2) expanding the program coverage to enable other types of fabrics and apparel items to be included in the EIAP; and 3) eliminating the requirement that dyeing and finishing of eligible fabrics occur in the United States.

Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic; Sixth Annual Review (Inv. No. 332-503, USITC Publication 4544, July 24, 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4544.pdf.

USITC general factfinding investigations, such as this, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, and the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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July 20, 2015
News Release 15-063
Contact: Peg O'Laughlin, 202-205-1819
USITC Releases The Year in Trade 2014

The U.S. International Trade Commission (USITC) today released The Year in Trade 2014, its annual overview of the previous year's trade-related activities.

The USITC's The Year in Trade is one of the government's most comprehensive reports of U.S. trade-related activities, covering major multilateral, regional, and bilateral developments. The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2014.

The Year in Trade 2014 includes complete listings of antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases undertaken by the U.S. government in 2014.  In addition, the 2014 report covers:

  • the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
  • significant activities in the WTO, including dispute settlement decisions;  the Organisation for Economic Co-operation and Development; and the Asia-Pacific Economic Cooperation forum;
  • developments regarding the North American Free Trade Agreement, other U.S. FTAs, and  negotiations regarding the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership; and
  • bilateral trade issues with major U.S. trading partners -- the European Union, Canada, China, Mexico, Japan, South Korea, Brazil, Taiwan, and India.

The report also provides an overview of U.S. trade in goods and services during 2014. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements. 

Complementing the release of the 66th edition of the report are a series of dashboards in MS Excel available online that present U.S. merchandise trade data in an interactive format.  Readers of The Year in Trade 2014 will be able to conduct further analysis of U.S. merchandise trade with specific trading partners and U.S. trade under specific trade preference programs and FTAs using these dashboards, which are available on the Commission's website at http://www.usitc.gov/research_and_analysis/data_analysis_tools.htm.


The Year in Trade 2014 (USITC publication 4543, July 2015) is available on the USITC's Internet site at http://www.usitc.gov/publications/332/pub4543.pdf.

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July 16, 2015
News Release 15-062
Inv. No(s). 701-TA-534-538 and 731-TA-1274-1278 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations on Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of certain corrosion-resistant steel products from China, India, Italy, Korea, and Taiwan that are allegedly subsidized and 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 determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from China, India, Italy, Korea, and Taiwan, with its preliminary countervailing duty determinations due on or about August 27, 2015, and its preliminary antidumping duty determinations due on or about November 10, 2015.

The Commission’s public report Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan (Investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Preliminary), USITC Publication 4547, July 2015) will contain the views of the Commission and information developed during the investigations.

The report will be available after August 17, 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

Certain Corrosion-Resistant Steel Products from China, India, Italy, Korea, and Taiwan
Investigation Nos. 701-TA-534-538 and 731-TA-1274-1278 (Preliminary)

Product Description: The products covered by these investigations are certain flat‐rolled steel products, either clad, plated, or coated with corrosion‐resistant metals such as zinc, aluminum, or zinc‐, aluminum‐, nickel‐ or iron‐based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non‐metallic substances in addition to the metallic coating. The products covered include coils that have a width of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.) and products not in coils (e.g., in straight lengths).

The following are outside of and/or specifically excluded from the scope of these investigations:
•Flat‐rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”), or both chromium and chromium oxides (“tin free steel”);
•Clad plate products; and
•Certain 3-ply clad stainless flat‐rolled products.

Status of Proceedings:
1. Type of investigations: Preliminary antidumping and countervailing duty.
2. Petitioners: United States Steel Corp. (Pittsburgh, Pennsylvania), Nucor Corp. (Charlotte, North Carolina), Steel Dynamics Inc. (Fort Wayne, Indiana), California Steel Industries (Fontana, California), ArcelorMittal USA LLC (Chicago, Illinois), and AK Steel Corp. (West Chester, Ohio).
3. Preliminary investigations instituted by the USITC: June 3, 2015.
4. Commission’s conference: June 24, 2015.
5. USITC vote: July 16, 2015.
6. USITC determinations due: July 20, 2015.
7. USITC views due: July 27, 2015.

U.S. Industry:
1. Number of producers in 2014: Eighteen.
2. Location of producers’ plants: Alabama, Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, New Jersey, Ohio, Pennsylvania, South Carolina, Washington, and West Virginia.
3. Employment of production and related workers in 2014: 12,092.
4. Apparent U.S. consumption in 2014: $19.5 billion.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 20.1%.

U.S. Imports:
1. From subject countries during 2014: $2.4 billion.
2. From other countries during 2014: $1.5 billion.
3. Leading sources during 2014. Canada, China, Taiwan, Korea.

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July 14, 2015
News Release 15-060
Inv. No(s). 731-TA-1059 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Hand Trucks and Parts Thereof from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on hand trucks and certain parts thereof 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. 

All six Commissioners 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 Hand Trucks and Certain Parts Thereof from China (Inv. No. 731-TA-1059 (Second Review), USITC Publication 4546, July 2015) will contain the views of the Commission and information developed during the review.

The report will be available after August 20, 2015.  After that date, 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) review concerning Hand Trucks and Certain Parts Thereof from China was instituted on March 2, 2015.

On June 5, 2015, the Commission voted to conduct an expedited review.  All six Commissioners concluded that the domestic group response for this review 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.

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July 14, 2015
News Release 15-059
Inv. No(s). 701-TA-522 and 731-TA-1258 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Certain Passenger Vehicle and Light Truck Tires from China 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 passenger vehicle and light truck tires from China that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.  The Commission also made negative findings with respect to critical circumstances.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson and Rhonda K. Schmidtlein voted in the affirmative.  Chairman Meredith M. Broadbent and Commissioners David S. Johanson and F. Scott Kieff voted in the negative.

As a result of the USITC’s affirmative determinations, the Department of Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commission’s public report Certain Passenger Vehicle and Light Truck Tires from China (Investigation Nos. 701-TA-522 and 731-TA-1258 (Final), USITC Publication 4545, August 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available by August 24, 2015; 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

Passenger Vehicle and Light Truck Tires from China
Investigation Nos. 701-TA-522 and 731-TA-1258 (Final)

Product Description:  Passenger vehicle and light truck tires (PVLT tires), are new pneumatic tires, of rubber, with tire size designations designed for use on standard passenger cars and associated multipurpose vehicles, and light trucks. Subject tires typically range from 13 to 26 inches in rim diameter and may be tubeless or tube-type, radial or non-radial in construction, intended for sale to original equipment manufacturers or to the replacement market. PVLT tires must carry the symbol “DOT” on the sidewall, certifying applicable motor vehicle standards. Subject tire sidewalls may or may not be marked with a “P” for passenger cars and associated vehicles, or an “LT” for light trucks; however, all subject product tires must conform to Tire and Rim Association Year Book chapter specifications, and to all Commerce scope definitions. Excluded from the scope are tires absent the DOT symbol, certain off-the-road, spare, and trailer tires, used or retreaded tires, or non-pneumatic tires such as solid rubber tires.

Status of Proceedings:

1. Type of investigation: Final antidumping and countervailing duty.
2. Petitioners:  United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“USW”), Pittsburgh, Pennsylvania.
3. Investigation instituted by USITC:  June 3, 2014.
4. USITC hearing: June 9, 2015.
5. USITC vote:  July 14, 2015.
6. USITC notification of Department of Commerce: August 3, 2015.

U.S. Industry:

1. Number of U.S. producers in 2014:  Nine.
2. Location of producers’ plants:  Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Mississippi, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, and Virginia.
3. Employment of production and related workers in 2014: 25,026.
4. U.S. producers’ U.S. shipments in 2014:  $11.7 billion.
5. Apparent U.S. consumption in 2014:  $22.2 billion.
6. Ratio of Chinese imports to apparent U.S. consumption in 2014: 11.6 percent.

U.S. Imports in 2014:

1. From China during 2014:  $2.6 billion.
2. From other countries during 2014:  $7.9 billion.
3. Leading sources during 2014:  China, Canada, Korea, and Japan (in terms of total value).

 

# # #
July 13, 2015
News Release 15-058
Inv. No(s). 332-554
Contact: Peg O'Laughlin, 202-205-1819
USITC Begins Investigation Concerning Possible Modifications to the U.S. Generalized System of Preferences and Competitive Need Limitation Waivers

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2014 Review, was requested by the U.S. Trade Representative (USTR).

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the likely impact on competing U.S. industries of competitive need limitation waivers specified in section 503(c)(2)(A) of the Trade Act of 1974 for two Harmonized Tariff Schedule (HTS) subheadings for Thailand. "Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.

The HTS subheadings being considered for competitive need limitation waivers are:  2008.19.15 (coconuts, otherwise prepared or preserved, nesoi) from Thailand and 7408.29.10 (copper alloys (o/than brass, cupro-nickel or nickel-silver), wire, coated or plated with metal) from Thailand. The USITC will also provide advice with respect to whether like or directly competitive products were being produced in the United States on January 1, 1995, and the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers.  The USITC will provide the requested data separately and individually for each U.S. Harmonized Tariff Schedule subheading subject to this request.

The USITC also will provide data on the addition of five HTS subheadings for least-developed developing beneficiary countries (LDDBC); the data will include U.S. production, imports, exports, and consumption figures for five cotton articles for the period 2012-2014. 

The HTS subheadings being considered are:  5201.00.18 (cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi); 5201.00.28 (cotton not carded or combed, harsh or rough, staple length of 29.36875 mm or more but under 34.925 mm & white in color, nesoi); 5201.00.38 (cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi); 5202.99.30 (cotton card strips made from cotton waste having staple length under 30.1625 mm & lap, sliver & roving waste, nesoi); and 5203.00.30 (cotton fibers, carded or combed, of cotton fiber processed, but not spun, nesoi).

The USITC will submit its confidential report to USTR by August 28, 2015.  As soon as possible thereafter, as requested by the USTR, the USITC will issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on July 30, 2015.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

# # #
July 10, 2015
News Release 15-057
Inv. No(s). 337-TA-961
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lip balm products, containers for lip balm, and components thereof.  The products at issue in the investigation are lip balm products included in generally spherical-shaped containers.

The investigation is based on a complaint filed on June 12, 2015 by eos Products, LLC, and The Kind Group, LLC, both of New York, NY.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lip balm products, containers for lip balm, and components thereof that infringe a patent asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

OraLabs, Inc., of Parker, CO;
CVS Health Corporation, of Woonsocket, RI;
CVS Pharmacy, Inc., of Woonsocket, RI;
Walgreens Boots Alliance, Inc., of Deerfield, IL;
Walgreen Co., of Deerfield, IL;
Dollar Tree, Inc., of Chesapeake, VA;
Dollar Tree Stores, Inc., of Chesapeake, VA;
Five Below Inc., of Philadelphia, PA;
Wuxi Sunmart Science and Technology Co. Ltd., a/k/a Wuxi Sunmart Group Co., Ltd., a/k/a Wuxi Shengma Science & Technology Co., Ltd., of Wuxi, Jiangsu, China; and
Wuxi Sunmart Plastic Co., Ltd., of Wuxi, Jiangsu, China.

By instituting this investigation (337-TA-961), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
July 6, 2015
News Release 15-055
Inv. No(s). 731-TA-1070A (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Expedite Five-Year (Sunset) Review Concerning Crepe Paper from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on crepe paper from China (Inv. No. 731-TA-1070A (Second Review)).

As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determinations 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.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.  Chairman Meredith M. Broadbent and Commissioner F. Scott Kieff concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s vote on this matter 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 "crepe paper" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review.  The Commission will issue a report after it completes its review.

# # #
July 6, 2015
News Release 15-054
Inv. No(s). 701-TA--462 and 731-TA-1156-1158 (First Review) and 731-TA-1043-1045 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the countervailing duty order on polyethylene retail carrier bags from Vietnam and the antidumping duty orders on polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (First Review) and 1053-1045 (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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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.

All six Commissioners concluded that the domestic group response for these reviews was adequate and that the respondent group response from Malaysia was adequate and the respondent group responses from China, Indonesia, Taiwan, Thailand, and Vietnam were inadequate, but that circumstances warranted 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 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 "polyethylene retail carrier bags" 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.

# # #
July 6, 2015
News Release 15-053
Inv. No(s). 731-TA-130 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Will Expedite Five-Year (Sunset) Review Coincerning Chloropicrin from China

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on chloropicrin from China (Inv. No. 731-TA-130 (Fourth Review)).

As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order 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 finding, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the finding 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 finding 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.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determinations 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.

Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.  Chairman Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s vote on this matter 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 "chloropicrin" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in this review.  The Commission will issue a report after it completes its review.

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