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ITC Will Uphold Some Stainless Steel Duty Orders and Revoke Others

The U.S. International Trade Commission (ITC) will uphold existing countervailing and antidumping orders on stainless steel sheet and strip imported from Germany, Italy, Japan, Korea, Mexico, and Taiwan. Existing antidumping duty orders on stainless steel sheet and strip imported from France and the United Kingdom, however, will be revoked.

Chairman Stephen Koplan and Commissioner Charlotte R. Lane voted in the affirmative with respect to all countries. Commissioners Marcia E. Miller and Jennifer A. Hillman voted in the affirmative with respect to Germany, Italy, Japan, Korea, Mexico, and Taiwan; they voted in the negative with respect to France and the United Kingdom. Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson voted in the negative with respect to all countries.

The ITC’s decision follows its recent Sunset Review determination that revoking existing orders on stainless steel sheet and strip from Germany, Italy, Japan, Korea, Mexico, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty orders on this product from France and the United Kingdom would not. The determinations were made under the five-year (sunset) review process as required by the Uruguay Round Agreements Act.

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 five-year (sunset) reviews concerning Stainless Steel Sheet and Strip from France, Germany, Italy, Japan, Korea, Mexico, Taiwan, and the United Kingdom was instituted on June 1, 2004. On September 7, 2004, the Commission voted to conduct full reviews. With respect to France, Germany, Italy, Korea, and Mexico, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to Japan, Taiwan, and the United Kingdom, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews.