ITC MAKES AFFIRMATIVE DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW
CONCERNING POLYCHLOROPRENE RUBBER FROM JAPAN
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on polychloroprene rubber from Japan 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 determination and the Department of Commerce's recent affirmative finding, the existing order on imports of polychloroprene rubber from Japan will remain in place.
Chairman Stephen Koplan and Commissioners Marcia E. Miller and Charlotte R. Lane made an affirmative determination. Vice Chairman Deanna Tanner Okun and Commissioner Jennifer A. Hillman made a negative determination. Commissioner Daniel R. Pearson did not participate in this review.
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 Polychloroprene Rubber from Japan (Inv. No. AA1921-129 (Second Review), USITC Publication 3786, June 2005) will contain the views of the Commission and information developed during the review.
Copies may be requested after July 18, 2005, 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.
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 and review determinations, 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 Polychloroprene Rubber from Japan was instituted on July 1, 2004.
On October 4, 2004, the Commission voted to conduct a full review. Vice Chairman Deanna Tanner Okun and Commissioners Marcia E. Miller, Jennifer A. Hillman, Charlotte R. Lane, and Daniel R. Pearson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Chairman Stephen Koplan concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
Information concerning the reasons for the Commission's vote to conduct a full review was published in the Federal Register on October 18, 2004. That notice and a record of the Commission's vote is posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Polychloroprene Rubber - Japan (2nd Review)").