The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on internal combustion industrial forklift trucks from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's determination and the Department of Commerce's recent affirmative finding, the existing order on imports of this product will remain in place.

Vice Chairman Marcia E. Miller and Commissioners Jennifer A. Hillman and Stephen Koplan found that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Lynn M. Bragg and Commissioners Thelma J. Askey and Deanna Tanner Okun 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 Internal Combustion Industrial Forklift Trucks from Japan (Inv. No. 731-TA-377 (Review), USITC Publication 3287, April 2000) will contain the views of the Commission and information developed during the review.

Copies may be requested after April 21, 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) review concerning Internal Combustion Industrial Forklift Trucks from Japan was instituted on April 1, 1999.

On July 2, 1999, the Commission voted to conduct a full review. 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 and the respondent group responses for this review were adequate and voted for a full review.

Information concerning the reasons for the Commission's vote to conduct a full review was published in the Federal Register on July 16, 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"/ "Internal Combustion Industrial Forklift Trucks from Japan").

In addition, a record of the Commission's vote to conduct a full 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.