The United States International Trade Commission (ITC) today determined that there is not a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of certain 4,4'-diamino-2,2'-stilbenedisulfonic acid chemistry from India that are allegedly subsidized and sold in the United States at less than fair value and those from China and Germany that are allegedly sold in the United States at less than fair value.

Chairman Deanna Tanner Okun and Commissioner Stephen Koplan voted in the negative. Vice Chairman Jennifer A. Hillman and Commissioner Marcia E. Miller found two like products in these investigations. With respect to 4,4'-diamino-2,2'-stilbenedisulfonic acid (DAS), they made negative determinations. With respect to stilbenic fluorescent whitening agents (SFWA), they found that imports from China and India were negligible and made negative a determination with respect to imports from Germany. Imports are generally deemed "negligible" if they amounted to less than 3 percent (4 percent in the case of allegedly subsidized imports from India, a developing country) of all such merchandise imported into the United States within the most recent 12-month period for which data are available preceding the filing of the petition.

As a result of the Commission's determinations, these investigations will end.

The Commission's public report Certain 4,4'-Diamino-2,2'-Stilbenedisulfonic Acid Chemistry from China, Germany, and India (Investigations Nos. 701-TA-435 and 731-TA-1036-1038 (Preliminary), USITC Publication 3608, July 2003) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after July 29, 2003, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

Product Description: For purposes of these investigations, the products covered are 4,4'-diamino-2,2'-stilbenedisulfonic acid (DAS) and stilbenic fluorescent whitening agents (SFWAs). DAS is a chemical compound used to produce SFWA. SFWAs are synthetic organic products normally used as fluorescent brightening agents in the production of certain textiles, paper, and detergent. These investigations cover all DAS and SFWA regardless of end-use. The merchandise subject to these investigations is provided for in subheadings 2921.59.20 (for DAS) and 3204.20.80 (for SFWA) of the Harmonized Tariff Schedule of the United States.

Status of Proceedings:
1.  Types of investigation:  Preliminary countervailing duty and antidumping.
2.  Petitioner:  Ciba Specialty Chemicals Corp.  
3.  Investigations instituted by USITC:  May 14, 2003.
4.  Conference:  June 4, 2003.
5.  USITC vote:  June 30, 2003.
6.  USITC notification of Department of Commerce:  June 30, 2003.

U.S. Industry:
1.  Number of U.S. firms in 2002:  One DAS producer, four SFWA producers.
2.  Production during 2002:  (1)
3.  Employment of production and related workers during 2002:  (1)
4.  U.S. producers' U.S. shipments during 2002:  (1)
5.  U.S. apparent consumption during 2002:  (1)
6.  Ratio of quantity of total imports to U.S. apparent consumption in 2002:  (1)

U.S. Imports:
1.  Quantity of subject DAS imports during 2002:  6,045,064 pounds (2)
2.  Value of subject DAS imports during 2002:  $6,772,419 (2)  
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(1) Withheld to avoid disclosure of business proprietary information.
(2) Figure shown is imports of Chinese, German, and Indian DAS from official U.S. Department of Commerce statistics.