The USITC has changed the way it releases the outcomes of adequacy determinations in its five-year (sunset) reviews of existing antidumping and countervailing duty orders.

The Commission will now post the outcomes on a dedicated web page on its main website (www.usitc.gov).  

The new adequacy determination web page:

  • replaces the use of news releases to announce the Commission’s decisions on whether to conduct full or expedited reviews;

  • allows interested users to see the adequacy determinations at a glance, including the Commission’s determination and how each Commissioner voted;

  • allows the information to be released earlier in the day;

  • is easily accessed through links in the “News Releases, New Documents, and Announcements” section of the USITC homepage when determinations are announced as well as through a link in the “Research Tools” widget in the Import Injury section of the web site.

Questions regarding adequacy determinations should be directed to Mary Messer at mary.messer@usitc.gov. Technical issues with the web page should be directed to the webmaster at webmaster@usitc.gov.

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.

  • Process:  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.

  • 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.

  • Expedited review:  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.

  • More information:  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.