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Commerce, ITC Consider Ending AD/CV Duties on Paper Clips, Brass Sheet, Nails, Etc.

The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty orders on paper clips from China (A-570-826); brass sheet and strip from France (A-427-602), Germany (A-428-602), Italy (A-475-601) and Japan (A-588-704); stainless steel sheet and strip in coils from Japan (A-588-845) and Taiwan (A-583-831); and steel nails from the United Arab Emirates (A-520-804); the antidumping and countervailing duty orders on stainless steel sheet and strip in coils from South Korea (A-580-834/C-580-835); and the suspended AD duty investigation on uranium from Russia (A-821-802), Commerce said in a notice released Aug. 31.

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Sunset Review Is an Opportunity for Revocation of Order

The Uruguay Round Agreements Act (URAA) requires that AD and CV duty orders be revoked after sunset reviews held every five years unless it's found that revocation would likely 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 Commerce with respect to (1) or by the ITC with respect to (2) results in a revocation of the AD or CV duty order(s).

Commerce Sunset Review Deadlines

Commerce said domestic interested parties (as defined in certain sections of the Tariff Act of 1930 and 19 CFR 351.102(b)) wishing to participate in the sunset reviews must respond by filing a notice of intent to participate by 15 days after the publication of this notice, i.e., on or about Sept. 16 (letters of appearance are due Sept. 11).

If it doesn't receive a notice of intent to participate from at least one domestic interested party by the deadline, Commerce will automatically revoke the AD/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 reviews must file complete substantive responses not later than 30 days after publication of this notice, i.e., on or about Oct. 3.

ITC Sunset Review Deadlines

The ITC said interested parties must respond by Oct. 3 to its notices on paper clips, brass sheet and strip, stainless steel sheet and strip in coils, steel nails and uranium. The ITC said it will assess the adequacy of interested party responses to the notices of institution to determine whether to conduct full or expedited reviews. The ITC added that comments on the adequacy of responses may be filed by Nov. 10 for paper clips, brass sheet and strip, and stainless steel sheet and strip in coils, and by Nov. 14 for steel nails and uranium.