The U.S. International Trade Commission (ITC) today voted to expedite its five-year ("sunset") reviews concerning the antidumping duty orders on forged stainless steel flanges from India and Taiwan (Invs. Nos. 731-TA-639-640 (Review)).
As a result of today's votes, the Commission will conduct expedited reviews to determine whether revocation of the antidumping duty orders on these products would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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.
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 the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission's votes on these matters 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.
The record of the Commission's votes is also posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Five-Year Reviews Listing"/"Forged Stainless Steel Flanges from India" and "Forged Stainless Steel Flanges from Taiwan").
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed a timely notice of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.