ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING SILICON METAL FROM BRAZIL AND CHINA
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on silicon metal from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty order on silicon metal from Brazil would not.
As a result of the Commission's affirmative determination and the Department of Commerce's recent affirmative finding, the existing order on imports of this product from China will remain in place. As a result of the Commission's negative determination, the existing order on imports of this product from Brazil will be revoked.
Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane voted in the affirmative with respect to China and in the negative with respect to Brazil. Commissioner Deanna Tanner Okun did not participate in these reviews.
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 Silicon Metal from Brazil and China (Inv. Nos. 731-TA-471 and 472 (Second Review), USITC Publication 3892, December 2006) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after January 3, 2007, by calling 202-205-2000 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) reviews concerning Silicon Metal from Brazil and China was instituted on January 3, 2006.
On April 10, 2006, the Commission voted to conduct full reviews. With respect to Brazil, then- Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, Daniel R. Pearson, and Shara L. Aranoff concluded that both the domestic group response and the respondent group responses were adequate, and voted for a full review. With respect to China, then-Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted a full review. Then-Vice Chairman Deanna Tanner Okun did not participate in these reviews.
Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on April 26, 2006. That notice and a record of the Commission's votes is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Silicon Metal - Brazil (2nd Review)" and "Silicon Metal - China (2nd Review)").
In addition, a record of the Commission's votes 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.