The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on certain iron construction castings from Brazil, Canada, and China 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 and the Department of Commerce's recent affirmative findings, the existing orders on imports of these products will remain in place.

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.

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 Certain Iron Construction Castings from Brazil, Canada, and China (Inv. Nos. 701-TA-249 and 731-TA-262, 263, and 265 (Second Review), USITC Publication 3781, June 2005) will contain the views of the Commission and information developed during the review.

Copies may be requested after June 28, 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. 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 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) review concerning Certain Iron Construction Castings from Brazil, Canada, and China was instituted on October 1, 2004.

On January 4, 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 was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission's vote to conduct expedited reviews was published in the Federal Register. A record of the Commission's vote is posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Heavy Iron Construction Castings - Brazil (CVD) (2nd Review)," "Iron Construction Castings - Brazil (AD) (2nd Review)," "Iron Construction Castings - Canada (2nd Review)," and "Iron Construction Castings - China (2nd Review)").

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.