Vote
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Sodium Nitrite from China and Germany
The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping and countervailing duty orders on sodium nitrite from China and the antidumping duty order on sodium nitrite from Germany 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 Germany will remain in place.
Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in the vote.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the below for background on these five-year (sunset) reviews.
The Commission’s public report on Sodium Nitrite from China and Germany (Inv. Nos. 701-TA-453 and 731-TA-1136-1137 (Third Review), USITC Publication 5582, January 2025) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 28, 2025; 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 reviews, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Sodium Nitrite from China and Germany were instituted on July 1, 2024.
On October 4, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for expedited reviews. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for full reviews.
A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Sodium Nitrite from China and Germany; Inv. No.701-TA-453 and 731-TA-1136-1137 (Third Review).
USITC Votes to Continue Investigations on Alkyl Phosphate Esters from China
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 alkyl phosphate esters from China 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, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, the U.S. Department of Commerce will continue its investigations of imports of alkyl phosphate esters from China, with its preliminary countervailing duty determination due on or about July 17, 2024, and its preliminary antidumping duty determination due on or about September 30, 2024.
The Commission’s public report Alkyl Phosphate Esters from China (Inv. Nos. 701-TA-721 and 731-TA-1689 (Preliminary), USITC Publication 5516, June 2024) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 5, 2024; 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
Alkyl Phosphate Esters from China
Investigation Nos. 701-TA-721 and 731-TA-1689 (Preliminary)
Product Description: Alkyl phosphate esters covered in these investigations are clear, colorless liquids that are primarily used as flame retardants in rigid and flexible polyurethane foam applications. These certain alkyl phosphate esters (“CAPEs”), specifically TCPP, TDCP, and TEP, have at their core a phosphate ion in which three of the oxygen atoms are bonded with either a chlorinated hydrocarbon in the case of TCPP and TDCP or a hydrocarbon in the case of TEP. CAPEs are primarily used as flame retardants in foam insulation in commercial and residential construction. One of the largest applications for CAPEs is commercial roofing. The fastest growing application in the U.S. market is the replacement of fiberglass insulation with low-density, open cell insulation in residential housing. TCPP is the most used CAPE in the U.S. market, largely due to its cost effectiveness.
Status of Proceedings:
- Types of investigations: Preliminary countervailing duty and antidumping duty investigations.
- Petitioner: ICL-IP America, St. Louis, Missouri.
- USITC Institution Date: Tuesday, April 23, 2024.
- USITC Conference Date: Tuesday, May 14, 2024.
- USITC Vote Date: Thursday, June 6, 2024.
- USITC Notification to Commerce Date: Friday, June 7, 2024.
U.S. Industry in 2023:
- Number of U.S. producers: 2.
- Location of producers’ plants: South Carolina and West Virginia.
- 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. Imports in 2023:
- Subject imports: 1
- Nonsubject imports: 1
Leading import sources: China.
1 Withheld to avoid disclosure of business proprietary information.
Grain-Oriented Electrical Steel from China, Czech Republic, Korea, and Russia
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and F. Scott Kieff voted in the negative. Commissioner Rhonda K. Schmidtlein voted in the affirmative.
As a result of the USITC's negative determinations, no antidumping duty or countervailing duty orders will be issued on imports of this product from China, Czech Republic, Korea, and Russia.
The Commission's public report Grain-Oriented Electrical Steel from China, Czech Republic, Korea, and Russia (Investigation Nos. 701-TA-505 and 731-TA-1231, 1232, 1235, and 1237 (Final), USITC Publication 4500, November 2014) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after November 25, 2014. After that date, it may be accessed on the USITC website at:http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
FACTUAL HIGHLIGHTS
Grain-Oriented Electrical Steel from
China, the Czech Republic, Korea, and Russia
Investigation Nos. 701-TA-505 and 731-TA-1231, 1232, 1253, and 1237 (Final)
Product Description: Grain-oriented electrical steel (GOES) is a flat-rolled alloy steel product, with the metallic grains elongated lengthwise along the direction of rolling, of conventional or high magnetic permeability, and is available in either coils or straight lengths. GOES undergoes cutting, punching, coating, and other operations to manufacture laminated electro-magnetic cores for electrical power and distribution transformers. Specifically excluded are flat-rolled products not in coils that, prior to importation into the United States, have been cut to shape and undergone all punching, coating, or other operations necessary for classification as a transformer part (i.e., a laminated core).
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping.
2. Petitioners: AK Steel Corp., West Chester, OH; Allegheny Ludlum LLC, Pittsburgh, PA; and
the United Steel Workers, Pittsburgh, PA.
3. Investigation instituted by USITC: September 18, 2013.
4. USITC hearing: July 24, 2014.
5. USITC vote: October 23, 2014 (China, the Czech Republic, Korea, and Russia).
6. USITC notification of Department of Commerce: November 4, 2014.
U.S. Industry:
1. Number of U.S. producers in 2013: Two.
2. Location of producers' plants: Ohio and Pennsylvania.
3. Employment of production and related workers in 2013: 1/
4. U.S. producers' U.S. shipments in 2013: 1/
5. Apparent U.S. consumption in 2013: 1/
6. Ratio of subject imports to apparent U.S. consumption in 2013: 1/
U.S. Imports in 2013:
1. From China, the Czech Republic, Korea, and Russia during 2013: $23.3 million.
2. From Germany, Japan, and Poland during 2013: $48.1 million.
3. From other countries during 2013: $6.7 million.
4. Leading sources during 2013: Japan, the Czech Republic, and China (in terms of total value).
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1/ Withheld to avoid disclosure of business proprietary information.