ITC DETERMINES ON REMAND THAT CERTAIN STAINLESS STEEL PLATE
FROM BELGIUM, CANADA, ITALY, KOREA, SOUTH AFRICA, AND TAIWAN
INJURES U.S. INDUSTRY
The United States International Trade Commission (ITC) today made affirmative determinations in connection with the remand of its final countervailing duty and antidumping investigations of imports of certain stainless steel plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan.
The Commission found on remand that an industry in the United States is materially injured by reason of imports of certain stainless steel plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan that the U.S. Department of Commerce determined were sold in the United States at less than fair value, and those from Belgium, Italy, and South Africa that the U.S. Department of Commerce determined were also subsidized.
Commissioners Lynn M. Bragg and Stephen Koplan affirmed their previous affirmative determinations. Chairman Deanna Tanner Okun announced that the previous votes in these investigations preceeded her tenure on the Commission, but after reviewing the record, she found a single like product and voted in the affirmative. Vice Chairman Jennifer A. Hillman and Commissioner Marcia E. Miller affirmed their previous finding that cold-rolled stainless steel plate is a separate like product, different from hot-rolled stainless steel plate; their previous finding that imports of cold-rolled stainless steel plate from Italy, Korea, South Africa, and Taiwan were negligible; and their previous negative determinations with respect to imports of cold-rolled stainless steel plate from Belgium and Canada. (Imports are generally deemed "negligible" if they amounted to less than 3 percent of all such merchandise imported into the United States in the most recent 12-month period for which data are available preceding the filing of the petition.)
In April 1999, the Commission determined, by a four-to-two vote, that an industry in the United States was not being materially injured or threatened with material injury by reason of imports of cold-rolled stainless steel plate in coils from Belgium and Canada. On August 28, 2000, the U.S. Court of International Trade (CIT) affirmed this determination as being in accordance with law and supported by substantial evidence. On April 19, 2002, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) vacated the lower court ruling, finding that the Commission's volume and impact findings with respect to cold-rolled stainless steel plate were not in accordance with law and that its pricing finding for cold-rolled plate was unsupported by substantial evidence. On June 18, 2002, in accordance with the Federal Circuit's decision, the CIT vacated its earlier decision and remanded to the Commission its final negative determination with respect to cold-rolled stainless steel plate. In its order, the CIT remanded the determination to the Commission "for proceedings not inconsistent with the Federal Circuit's decision...."
The ITC's remand determination will be submitted to the CIT by September 27, 2002.
The ITC's public report Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan (Invs. Nos. 701-TA-376-377 and 379 and 731-TA-788-793 (Final) (Remand), USITC Publication 3541, September 2002) will contain the views of the Commission. Copies of the report are expected to be available after October 9, 2002, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205- 2104.