The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on malleable cast iron pipe fittings from 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 orders on imports of these products from Brazil, Taiwan, and Thailand would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's determinations and the Department of Commerce's recent affirmative findings, the existing antidumping duty orders on imports of this product from Japan and Korea will remain in place, and the existing antidumping duty orders on imports of this product from Brazil, Taiwan, and Thailand will be revoked.

With respect to Japan and Korea, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman and Stephen Koplan made affirmative determinations, finding that revoking the existing orders on these imports would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Thelma J. Askey made a negative determination, finding that revoking the existing orders on these imports would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With repect to Brazil, Vice Chairman Miller and Commissioners Hillman, Koplan, and Askey made negative determinations, while Chairman Bragg made an affirmative determination.

With respect to Taiwan, Vice Chairman Miller and Commissioners Hillman and Askey made negative determinations, while Chairman Bragg and Commissioner Koplan made affirmative determinations.

With respect to Thailand, all five participating Commissioners made negative determinations.

Commissioner Deanna Tanner Okun did not participate in these reviews.

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 Malleable Cast Iron Pipe Fittings from Brazil, Japan, Korea, Taiwan, and Thailand (Invs. Nos. 731-TA-278-280 and 347-348 (Review), USITC Publication 3274, February 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after February 24, 2000, 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. Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.

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 Malleable Cast Iron Pipe Fittings from Brazil, Japan, Korea, Taiwan, and Thailand were instituted on January 4, 1999.

On April 8, 1999, the Commission voted to conduct full reviews. Concerning malleable cast iron pipe fittings from Brazil and Thailand, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both the domestic group response and the respondent group responses for these reviews were adequate and voted for full reviews. Concerning malleable cast iron pipe fittings from Korea, Taiwan, and Japan, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for full reviews. Commissioner Crawford concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.

Information concerning the reasons for the Commission's vote to conduct expedited reviews was published in the Federal Register on April 19, 1999. That notice and a record of the Commission's vote are posted on the ITC's Internet server at www.usitc.gov (under "Five- Year (Sunset) Reviews"/"Malleable Cast Iron Pipe Fittings from Brazil," "Malleable Cast Iron Pipe Fittings from Japan," "Malleable Cast Iron Pipe Fittings from Korea," "Malleable Cast Iron Pipe Fittings from Taiwan," and "Malleable Cast Iron Pipe Fittings from Thailand").

In addition, 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.