The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on sorbitol from France 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 determination and the Department of Commerce's recent affirmative finding, the existing order on imports of sorbitol from France will remain in place.

Chairman Stephen Koplan and Commissioners Marcia E. Miller and Jennifer A. Hillman found that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Vice Chairman Deanna Tanner Okun and Commissioners Charlotte R. Lane and Daniel R. Pearson found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 this five-year (sunset) review.

The Commission's public report Sorbitol from France (Inv. No. 731-TA-44 (Second Review), USITC Publication 3706, July 2004) will contain the views of the Commission and information developed during the review.

Copies may be requested after August 6, 2004, 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 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) review concerning Sorbitol from France was instituted on February 2, 2004.

On May 7, 2004, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

Information concerning the reasons for the Commission's vote to conduct an expedited review was published in the Federal Register on May 19, 2004. That notice and a record of the Commission's vote is posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Sorbitol - France (2nd Review)").

In addition, a record of the Commission's vote to conduct an expedited review 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.