The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on steel rails from Canada would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's determinations and the Department of Commerce's recent affirmative findings, the existing countervailing duty and antidumping duty orders on imports of this product will remain in place.
Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun found that revoking the existing orders on these imports would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 Steel Rails from Canada (Invs. Nos. 701-TA-297 (Review) and 731-TA-422 (Review), USITC Publication 3269, January 2000) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after February 14, 2000, 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) within a reasonably foreseeable time. 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, 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 Steel Rails from Canada were instituted on June 1, 1999.
On September 3, 1999, the Commission voted to conduct expedited reviews. Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate and voted for expedited reviews.
Information concerning the reasons for the Commission's vote to conduct expedited reviews was published in the Federal Register on September 15, 1999. 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"/"Steel Rails from Canada (AD)" and "Steel Rails from Canada (CVD)").
In addition, 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.