Commerce, ITC Consider Ending AD/CV Duties on Softwood Lumber, Plywood, Wood Flooring, Etc.
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty orders on carbon and certain alloy steel wire rod from Belarus, South Korea, Russia, South Africa, Spain, Ukraine, the United Arab Emirates and the U.K. (A-822-806, A-580-891, A-821-824, A-791-823, A-469-816, A-823-816, A-520-808, A-412-826) and tool chests and cabinets from Vietnam (A-552-821), as well as the antidumping and countervailing duty orders on biodiesel from Argentina and Indonesia (A-357-820/C-357-821, A-560-830/C-560-831), carbon and certain alloy steel wire rod from Italy and Turkey (A-475-836/C-475-837, A-489-831/C-489-832), softwood lumber from Canada (A-122-857/C-122-858), hardwood plywood from China (A-570-051/C-570-052), multilayered wood flooring from China (A-570-970/C-570-971) and tool chests and cabinets from China (A-570-056/C-570-057), Commerce said in a notice released Nov. 30.
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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 Dec. 16 (letters of appearance are due Dec. 12).
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 Jan. 3.
ITC Sunset Review Deadlines
The ITC said interested parties must respond by Jan. 3 to its notices on steel wire rod, tool chests and cabinets, biodiesel, softwood lumber, hardwood plywood and wood flooring. 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 said that comments on the adequacy of responses may be filed by Feb. 13.