October 11, 2012
News Release 12-106
Inv. Nos. 731-TA-671-673 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on silicomanganese from China and Ukraine would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time and that revoking the existing antidumping duty order on silicomanganese from Brazil 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, the existing orders on imports of this product from China and Ukraine will remain in place and the existing order on imports of this product from Brazil will be terminated.
With regard to imports of this product from China, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. With regard to imports of this product from Ukraine, Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative. With regard to imports of this product from Brazil, Chairman Irving A. Williamson and Commissioners Daniel R. Pearson, Shara L. Aranoff, and David S. Johanson voted in the negative. Commissioner Dean A. Pinkert voted in the affirmative. Commissioner Meredith Broadbent did not participate in these reviews.
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 Silicomanganese from Brazil, China, and Ukraine (Inv. Nos. 731-TA-671-673 (Third Review), USITC Publication 4354, October 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after November 14, 2012, by emailing pubrequest@usitc.gov, calling 202- 205-2000, or writing to 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 USITC 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 (USITC) 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 USITC'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 Silicomanganese from Brazil, China, and Ukraine were instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct full reviews. With respect to Brazil and Ukraine, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to China, all six Commissioners found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
A record of the Commission's vote 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.