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USITC to Uphold Existing AD Order on Light-Walled Rectangular Pipe and Tube from Taiwan
01/09/2012 - Existing antidumping duty order on light-walled rectangular pipe and tube from Taiwan will be upheld as a result of the USITC’s determination that revoking the orders would be likely to lead to material injury within a reasonably foreseeable time.
The U.S. International Trade Commission (USITC) has determined that revoking the existing antidumping duty order on light-walled rectangular pipe and tube from Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. All six Commissioners voted in the affirmative.
As a result of the Commission's affirmative determination, the existing order on imports of these products from Taiwan will remain in place.
The investigation was conducted under the five-year (sunset) review process required by 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. 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. In this case, the Commission voted on October 4, 2011, to conduct an expedited review. Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert found that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review. Then-Commissioner Charlotte R. Lane found that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full review.
