The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on electrolytic manganese dioxide from Australia would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time and that revoking the existing antidumping duty order on electrolytic manganese dioxide from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's negative determination with respect to Australia, the existing order on imports of this product from Australia will be terminated. As a result of the Commission's affirmative determination with respect to China, the existing order on imports of this product from China will remain in place.
All six Commissioners voted in the negative with respect to Australia and in the affirmative with respect to China.
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 Electrolytic Manganese Dioxide from Australia and China (Inv. Nos. 731-TA-1124-1125 (Review), USITC Publication 4506, December 2014) will contain the views of the Commission and information developed during the reviews.
The report will be available after January 5, 2015. After that date, it may be accessed on the USITC website at:http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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 USITC 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 (USITC) 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 USITC'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 Electrolytic Manganese Dioxide from Australia and China were instituted on September 3, 2013.
On December 20, 2013, the Commission voted to conduct full reviews. Commissioners David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group responses for these reviews were adequate and that the respondent group responses were inadequate, but that circumstances warranted full reviews. Then-Chairman Irving A. Williamson, then-Commissioner Shara L. Aranoff, and Commissioner Dean A. Pinkert concluded that the domestic group responses for these reviews were adequate and that the respondent group responses were inadequate and voted for expedited reviews.
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.