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USITC Upholds Import Duties on Certain Pipe and Tube After Five-Year Sunset Review

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on certain circular welded pipe and tube from Turkey and the antidumping duty orders on these products from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey 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 determinations, the existing orders on imports of these products from these countries will remain in place. All six Commissioners voted in the affirmative.

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) review concerning Certain Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey was instituted on July 1, 2011.

On October 4, 2011, the Commission voted to conduct full reviews. Regarding the countervailing duty order on certain pipe and tube from Turkey and the antidumping duty orders on certain pipe and tube from Mexico, Thailand, and Turkey, all six Commissioners found that both the domestic group response and the respondent group responses for these reviews were adequate and voted for full reviews. Regarding the antidumping duty orders on certain pipe and tube from Brazil, India, and Korea and the antidumping duty order on circular welded pipe from Taiwan, all six Commissioners found that the domestic group response was adequate and the respondent group responses were inadequate but that circumstances warranted full reviews. Regarding the antidumping duty order on light-wall rectangular pipe from Taiwan, 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. 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.