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ITC Decisions Mixed for Silicon Metal Imports

11/17/2006 -  

Nov. 17, 2006 — The U.S. International Trade Commission (ITC) will uphold an existing antidumping duty order on silicon metal imported from China. However, the existing antidumping duty order on imports of the same product from Brazil will be revoked.

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.

The ITC’s decisions follow five-year (sunset) reviews regarding the products in question. As part of the review process, the Commission determined that revoking the existing antidumping duty order for silicon metal from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty order on silicon metal from Brazil would not.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane voted in the affirmative with respect to China and in the negative with respect to Brazil. Commissioner Deanna Tanner Okun did not participate in these reviews.

The five-year sunset reviews for silicon metal from Brazil and China were instituted on January 3, 2006. On April 10, 2006, the Commission voted to conduct full reviews.