The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on stainless steel butt-weld pipe fittings from Japan, Korea, and Taiwan would 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 these products will remain in place.
With respect to Japan and Taiwan, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun found that revoking the existing orders on this product would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
With respect to Korea, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Okun found that revoking the existing orders on these products would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Askey found that revoking the existing orders on these products would not be likely to lead to continuation or recurrence of material injury within a reasonable 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 Stainless Steel Butt-Weld Pipe Fittings from Japan, Korea, and Taiwan (Invs. Nos. 731-TA-376, 563, and 564 (Review), USITC Publication 3280, February 2000) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after March 8, 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 Stainless Steel Butt-Weld Pipe Fittings from Japan, Korea, and Taiwan were instituted on July 1, 1999.
On October 1, 1999, the Commission voted to conduct expedited reviews in these cases. 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 the domestic group response for these reviews were adequate and the respondent group responses were inadequate and voted for expedited reviews.
Information concerning the reasons for the Commission's votes to conduct expedited reviews was published in the Federal Register on October 15, 1999. That notice and a record of the Commission's votes are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Stainless Steel Butt-Weld Pipe Fittings from Japan," "Stainless Steel Butt-Weld Pipe Fittings from Korea," and "Stainless Steel Butt-Weld Pipe Fittings from Taiwan").
In addition, a record of the Commission's votes 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.