The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on porcelain-on-steel cooking ware from China and Taiwan and the existing countervailing duty and antidumping duty orders on top-of-the-stove stainless steel cooking ware from Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing countervailing duty and antidumping duty orders on top-of-the-stove stainless steel cooking ware from Taiwan 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 affirmative determinations and the Department of Commerce's recent affirmative findings regarding porcelain-on-steel cooking ware from China and Taiwan and top-of-the-stove stainless steel cooking ware from Korea, the existing orders on imports of these products will remain in place.
As a result of the Commission's negative determinations regarding top-of-the-stove stainless steel cooking ware from Taiwan, the existing orders on imports of these products will be revoked.
With respect to porcelain-on-steel cooking ware from China and Taiwan, all six Commissioners 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 top-of-the-stove stainless steel cooking ware from Taiwan, all six Commissioners 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 top-of-the-stove stainless steel cooking ware from Korea, Chairman Stephen Koplan and Commissioners Jennifer A. Hillman and Shara L. Aranoff found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, while Vice Chairman Deanna Tanner Okun and Commissioners Charlotte R. Lane and Daniel R. Pearson found that revoking the existing orders 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 these five-year (sunset) reviews.
The Commission's public report Porcelain-on-Steel Cooking Ware from China and Taiwan and Top-of-the-Stove Stainless Steel Cooking Ware from Korea and Taiwan (Inv. Nos. 701-TA-267- 268 and 731-TA-298, 299, 304 and 305 (Second Review), USITC Publication 3808, October 2005) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 17, 2005, 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.
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 and review determinations, 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 Porcelain-on-Steel Cooking Ware from China and Taiwan and Top-of-the-Stove Stainless Steel Cooking Ware from Korea and Taiwan were instituted on March 1, 2005.
On June 6, 2005, the Commission voted to conduct expedited reviews. Chairman Stephen Koplan and Commissioners Marcia E. Miller, Jennifer A. Hillman, and Charlotte R. Lane concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson concluded that the domestic group response for these reviews was 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 21, 2005. That notice and a record of the Commission's votes is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Porcelain- on-steel Cooking Ware - China (2nd Review)," "Porcelain-on-steel Cooking Ware - Taiwan (2nd Review)," "Top-of-the-stove Stainless Steel Cooking Ware - Korea (AD) (2nd Review)," "Top-of- the-stove Stainless Steel Cooking Ware - Korea (CVD) (2nd Review)," "Top-of-the-stove Stainless Steel Cooking Ware - Taiwan (AD) (2nd Review)," and "Top-of-the-stove Stainless Steel Cooking Ware - Taiwan (CVD) (2nd Review)").
In addition, a record of the Commission's votes to conduct expedited 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.