The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on solid urea from Belarus, Estonia, Lithuania, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission further determined that revoking the existing antidumping duty order on solid urea from Armenia 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 determination and the Department of Commerce's recent affirmative findings, the existing antidumping duty orders on imports of this product from Belarus, Estonia, Lithuania, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan will remain in place. As a result of the Commission's negative determination concerning imports of this product from Armenia, that existing antidumping duty order will be revoked, effective January 1, 2000.
With respect to imports of solid urea from Russia and Ukraine, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
With respect to imports of solid urea from Belarus, Turkmenistan, and Uzbekistan, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman and Koplan found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioners Crawford and Askey found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
With respect to imports of solid urea from Estonia, Lithuania, Romania, and Tajikistan, Chairman Bragg, Vice Chairman Miller, and Commissioner Koplan found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioners Crawford, Hillman, and Askey found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
With respect to imports of solid urea from Armenia, Vice Chairman Miller and Commissioners Crawford, Hillman, and Askey found that revoking the existing order would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Bragg and Commissioner Koplan found that revoking the existing order would 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 these five-year (sunset) reviews.
The Commission's public report Solid Urea from Armenia, Belarus, Estonia, Lithuania, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan (Invs. Nos. 731-TA-339 (Review) and 731- TA-340-A through 340-I (Review), USITC Publication 3248, October 1999) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 17, 1999, 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 Solid Urea from Armenia, Belarus, Estonia, Lithuania, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan were instituted on March 1, 1999.
On June 3, 1999, the Commission voted to conduct expedited reviews in these cases. With regard to solid urea from all ten countries, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller and Commissioners Carol T. Crawford, Stephen Koplan and Thelma J. Askey concluded that the domestic group responses in these reviews were adequate and the respondent group responses were inadequate and voted for expedited reviews. With regard to solid urea from all ten countries, Commissioner Jennifer A. Hillman concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.
Information concerning the reasons for the Commission's votes to conduct expedited reviews was published in the Federal Register on June 11, 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"/"Solid Urea from Armenia," "Solid Urea from Belarus," "Solid Urea from Estonia," "Solid Urea from Lithuania," "Solid Urea from Romania," "Solid Urea from Russia," "Solid Urea from Tajikistan," "Solid Urea from Turkmenistan," "Solid Urea from Ukraine," and "Solid Urea from Uzbekistan").
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.