November 8, 2005
News Release 05-134
Inv. Nos. 701-TA-833-391 and 731-TA-816-821 (Review)
Contact: Peg O'Laughlin, 202-205-1819

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CUT-TO-LENGTH CARBON STEEL PLATE FROM FRANCE, INDIA, INDONESIA, ITALY, JAPAN, AND KOREA

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty orders on imports of cut-to-length carbon steel plate from India, Indonesia, Italy, and Korea and the existing antidumping duty orders on imports of cut-to-length carbon steel plate from India, Indonesia, Italy, Japan, and Korea 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 imports of this product from France would not.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of this product from India, Indonesia, Italy, Japan, and Korea will remain in place. As a result of the Commission's negative determination, the existing order on imports of this product from France will be revoked.

With respect to India, Indonesia, Italy, Japan, and Korea, Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Shara L. Aranoff voted in the affirmative, finding that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson voted in the negative, finding that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to France, Chairman Koplan, Vice Chairman Okun, and Commissioners Hillman, Pearson, and Aranoff voted in the negative, finding that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Lane voted in the affirmative, finding that revoking the existing order would 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 these five-year (sunset) reviews.

The Commission's public report Cut-to-Length Carbon Steel Plate from France, India, Indonesia, Italy, Japan, and Korea (Inv. Nos. 701-TA-388-391 and 731-TA-816-821 (Review), USITC Publication 3816, October 2005) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after December 12, 2005, 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) reviews concerning Cut-to-Length Carbon Steel Plate from France, India, Indonesia, Italy, Japan, and Korea was instituted on January 3, 2005.

On April 8, 2005, the Commission voted to conduct full reviews. With respect to France, all six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. With respect to India, Indonesia, Italy, Japan, and Korea, all six Commissioners concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on April 18, 2005. 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 "Cut-to- Length Carbon Steel Plate - France," "Cut-to-Length Carbon Steel Plate - India (CVD)," "Cut-to- Length Carbon Steel Plate - India (AD)," "Cut-to-Length Carbon Steel Plate - Indonesia (CVD)," "Cut-to-Length Carbon Steel Plate - Indonesia (AD)," "Cut-to-Length Carbon Steel Plate - Italy (CVD)," "Cut-to-Length Carbon Steel Plate - Italy (AD)," "Cut-to-Length Carbon Steel Plate - Japan," "Cut-to-Length Carbon Steel Plate - Korea (CVD)," and "Cut-to-Length Carbon Steel Plate - Korea (AD)").

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.

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