The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on imports of stainless steel bar from Brazil, India, Japan, and Spain 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 exisiting antidumping duty orders on imports of this product from Brazil, India, Japan, and Spain will remain in place.
Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, Jennifer A. Hillman, and Dennis M. Devaney voted in the affirmative.
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 Stainless Steel Bar from Brazil, India, Japan, and Spain (Invs. Nos. 731-TA-678-679 and 681-682 (Review), USITC Publication 3404, March 2001) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after April 16, 2001, 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.
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 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 determination, 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 Stainless Steel Bar from Brazil, India, Japan, and Spain were instituted on December 31, 1999.
On April 6, 2000, the Commission voted to conduct full reviews. With respect to Spain, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Brazil, India, and Japan, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
Information concerning the Commission's vote to conduct full reviews was published in the Federal Register on April 18, 2000. That notice and a record of the Commission's votes are posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Stainless Steel Bar from Brazil," "Stainless Steel Bar from India," "Stainless Steel Bar from Japan," and "Stainless Steel Bar from Spain").
In addition, a record of the Commission's votes 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.