The U.S. International Trade Commission (ITC) today determined that terminating the suspended investigations on cut-to-length carbon steel plate from China, Russia, and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that terminating the suspended investigation on cut-to-length carbon steel plate from South Africa would not.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the suspension agreements on cut-to-length carbon steel plate from China, Russia, and Ukraine will remain in place. As a result of the Commission's negative determination, the suspension agreement on cut-to-length carbon steel plate from South Africa will not remain in effect.

Chairman Deanna Tanner Okun, Vice Chairman Jennifer A. Hillman, and Commissioner Marcia E. Miller made affirmative determinations with respect to China, Russia, and Ukraine, finding that terminating the suspended investigations would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. They made a negative determination with respect to South Africa, finding that terminating the suspended investigation would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Stephen Koplan made affirmative determinations with respect to all four countries.

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 Cut-to-Length Carbon Steel Plate from China, Russia, South Africa, and Ukraine (Inv. Nos. 731-TA-753-756 (Review), USITC Publication 3626, August 2003) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after September 19, 2003, 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 Cut-to-Length Carbon Steel Plate from China, Russia, South Africa, and Ukraine were instituted on September 3, 2002.

On December 9, 2002, the Commission voted to conduct full reviews. All five Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews.

Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on December 19, 2002. That notice and a record of the Commission's votes are posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Cut-to-Length Carbon Steel Plate from China," "Cut-to-Length Carbon Steel Plate from Russia," "Cut-to-Length Carbon Steel Plate from South Africa," and "Cut-to-Length Carbon Steel Plate from Ukraine").

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.