ITA and ITC Consider Revoking 16 AD/CV Orders (Steel Plate, Flanges, PTFE, Pencils, Sparklers)
The International Trade Administration and the International Trade Commission have each issued notices initiating five-year Sunset Reviews of the following antidumping and countervailing duty orders:
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| India | Certain Cut-to-Length Carbon Quality Steel Plate | A-533-817 C-533-818 |
| Indonesia | Certain Cut-to-Length Carbon Quality Steel Plate | A-560-805 C-560-806 |
| Italy | Certain Cut-to-Length Carbon Quality Steel Plate | A-475-826 C-475-827 |
| South Korea | Certain Cut-to-Length Carbon Quality Steel Plate | A-580-836 C-580-837 |
| Japan | Certain Cut-to-Length Carbon Quality Steel Plate | A-588-847 |
| Italy | Granular Polytetrafluoroethylene | A-475-703 |
| Japan | Granular Polytetrafluoroethylene | A-588-707 |
| Japan | Superalloy Degassed Chromium | A-588-866 |
| China | Cased Pencils | A-570-827 |
| China | Sparklers | A-570-804 |
| India | Forged Stainless Steel Flanges | A-533-809 |
| Taiwan | Forged Stainless Steel Flanges | A-583-821 |
Sunset Review is an Opportunity for Revocation of Order
The ITA has previously stated that the Uruguay Round Agreements Act (URAA) requires that AD and countervailing duty orders be revoked after five years unless it is found that revocation would be likely to lead to both (1) a continuation or recurrence of dumping or a countervailable subsidy and (2) material injury to a U.S. industry within a reasonably foreseeable time. As a result, a negative determination either by the ITA with respect to (1) or by the ITC with respect to (2) results in a revocation of the AD or CV duty order(s).
ITA Sunset Reviews. The ITA states that domestic interested parties (as defined in certain sections of the Tariff Act of 1930 and 19 CFR 351.102(b)) wishing to participate in its Sunset Review(s) must respond by filing a notice of intent to participate not later than November 16, 2010.
If it does not receive a notice of intent to participate from at least one domestic interested party by this deadline, the ITA will automatically revoke the AD or CV duty order(s) without further review. However, if it does receive an order-specific notice of intent to participate from a domestic interested party, then all parties wishing to participate in the Sunset Review(s) must file complete substantive responses not later than December 1, 2010.
ITC Sunset Reviews. The ITC states that interested parties are requested to respond to its notices by submitting certain specified information by December 1, 2010. The ITC states that it will assess the adequacy of interested party responses to the notices of institution to determine whether to conduct full or expedited review(s). The ITC adds that comments on the adequacy of responses may be filed by January 14, 2011.
ITA and ITC Five-Year Sunset Review Web Sites
The ITA and ITC have made information related to five-year Sunset Review proceedings, including copies of rules and regulations, available to the public via the internet at the following Web site addresses: ITA: http://ia.ita.doc.gov/sunset/ and ITC: http://info.usitc.gov/oinv/sunset.nsf.
| David Goldberger (ITA) | (202) 482-4136 |
| Mary Messer (ITC) | (202) 205-3193 |
The ITA notice (FR Pub 11/01/10) is available here.
The ITC cased pencils notice (FR Pub 11/01/10) is available here.
The ITC flanges notice (FR Pub 11/01/10) is available here.
The ITC PTFE notice (FR Pub 11/01/10) is available here.
The ITC chromium notice (FR Pub 11/01/10) is available here.
The ITC steel plate notice (FR Pub 11/01/10) is available here.
The ITC sparklers notice (FR Pub 11/01/10) is available here.