ITC WILL CONDUCT A FULL "SUNSET" REVIEW CONCERNING
GRAY PORTLAND CEMENT AND CEMENT CLINKER FROM MEXICO AND
AN EXPEDITED REVIEW CONCERNING GRAY PORTLAND CEMENT
AND CEMENT CLINKER FROM JAPAN
The U.S. International Trade Commission (ITC and Commission) today voted to conduct a full five- year ("sunset") review concerning the antidumping duty order on imports of gray portland cement and cement clinker from Mexico (Inv. No. 731-TA-451 (Second Review)) and an expedited review concerning the antidumping duty order on imports of gray portland cement and cement clinker from Japan (Inv. No. 731-TA-461 (Second Review)).
As a result of today's votes, the Commission will conduct a full review to determine whether revocation of the order concerning Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. It will conduct an expedited review to determine whether revocation of the order concerning Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 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. 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 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 review, and information provided by the Department of Commerce.
With respect to Mexico, all six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. With respect to Japan, Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review; Chairman Stephen Koplan and Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
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.
The record of the Commission's votes is also posted on the ITC's Internet server at http://info.usitc.gov/oinv/sunset.NSF (under "Gray Portland Cement & Clinker - Japan (2nd Review)" and "Gray Portland Cement & Clinker - Mexico (2nd Review)").
The Federal Register notice will indicate whether any further information or statements will be available. With respect to Japan, only parties that filed adequate responses and filed a timely notice of appearance are eligible to participate further in that review. The Commission will issue a report after it completes its reviews.