U.S. Commission Votes To Keep Antidumping Duties on Stainless Steel Bar
07/17/2012 - The U.S. International Trade Commission determined that revoking the existing antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The U.S. International Trade Commission (USITC) determined that revoking the existing antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing order on imports of this product from these countries will remain in place.
Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, and David S. Johanson voted in the affirmative with respect to all four countries. Commissioners Deanna Tanner Okun and Daniel R. Pearson voted in the affirmative with respect to India and Japan and the negative with respect to Brazil and Spain.
The action comes under the five-year (sunset) review process 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 USITC 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 (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Stainless Steel Bar from Brazil, India, Japan, and Spain were instituted on 1 December 2011.
On 5 March 2012, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
