As a result of the Commission's vote, the statute directs the Department of Commerce to revoke the existing antidumping duty finding on elemental sulfur from Canada, effective January 1, 2000.
The determination resulted from a 6-0 vote. Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey found that material injury is not likely to continue or recur if the finding is revoked.
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 Elemental Sulfur from Canada (Inv. No. AA1921-127 (Review), USITC Publication 3152, January 1999) will contain the views of the Commission and information developed during the investigation.
Copies may be requested after January 25, 1999, by calling 202-205-1809 or by contacting 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.
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 ITC 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 (ITC). Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.
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 ITC'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 determination, and 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 Elemental Sulfur from Canada was instituted on August 3, 1998.
On November 5, 1998, the Commission voted to conduct an expedited review in this case. The Commission's determination resulted from a 4-2 vote. Vice Chairman Marcia E. Miller and Commissioners Carol T. Crawford, Jennifer A. Hillman, and Thelma J. Askey concluded that domestic group responses and respondent group responses were inadequate and voted for an expedited review. Chairman Lynn M. Bragg and Commissioner Stephen Koplan voted for a full review.
Information concerning the reasons for the Commission's vote to conduct an expedited review were published in the Federal Register on November 19, 1998. That notice and a record of the Commission's vote are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Five-Year Reviews Listing"/"Elemental Sulfur from Canada").
In addition, 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.