The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on certain welded stainless steel pipe from 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 affirmative determinations, the existing antidumping duty orders on imports of these products from Korea and Taiwan will remain in place.

Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, and Jennifer A. Hillman voted in the affirmative with respect to both countries. Commissioner Thelma J. Askey voted in the affirmative with respect to Taiwan and in the negative with respect to Korea.

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 Certain Welded Stainless Steel Pipe from Korea and Taiwan (Invs. Nos. 731-TA-540 and 541 (Review), USITC Publication 3351, September 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after October 13, 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 Certain Welded Stainless Steel Pipe from Korea and Taiwan were instituted on July 1, 1999.

On October 1, 1999, the Commission voted to conduct full reviews. With regard to Korea, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both the domestic and the respondent group responses were adequate and voted for a full review. Commissioner Carol T. Crawford concluded that the domestic group response was inadequate and the respondent group response was adequate and voted for an expedited review. With regard to Taiwan, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Crawford concluded that both the domestic and the respondent group responses were inadequate and voted for an expedited review.

Information concerning the reasons for the Commission's votes to conduct full 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"/"Welded ASTM A-312 Stainless Steel Pipe from Korea" and "Welded ASTM A-312 Stainless Steel Pipe from Taiwan").

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.