USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Uncovered Innerspring Units From China, South Africa, and Vietam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of uncovered innerspring units from China, South Africa, and Vietnam 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 determinations, the existing antidumping duty orders on imports of this product from China, South Africa, and Vietnam will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Commissioner Jason E. Kearns did not participate in these votes.

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 Uncovered Innerspring Units from China, South Africa, and Vietnam (Inv. Nos. 731-TA-1140-1142 (Second Review), USITC Publication 4974, September 2019) will contain the views of the Commission and information developed during the review.

The report will be available by October 18, 2019; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

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 Uncovered Innerspring Units from China, South Africa, and Vietnam were instituted on March 1, 2019.

On June 4, 2019, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.  Commissioner Jason E. Kearns did not participate in these adequacy determinations.

A record of the Commission’s vote to conduct expedited 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.