USITC says Anti-dumping and Countervailing Duty on Steel Plates from India, Indonesia, Korea and US to Continue in Sunset Review

Italy and Japan Let Off

The U.S. International Trade Commission (USITC or Commission) on 5 December determined that revoking the existing antidumping and countervailing duty orders on cut-to-length carbon-quality steel plate from India, Indonesia, and Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission also determined that revoking the existing antidumping and countervailing duty orders on cut-to-length carbon-quality steel plate from Italy would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission further determined that revoking the antidumping duty order on cut-to-length carbon-quality steel plate from Japan would not 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 India, Indonesia, and Korea will remain in place. As a result of the Commission's negative determinations, the existing orders on imports of these products from Italy and Japan will be revoked.

With respect to India, Indonesia, and Korea, all six Commissioners voted in the affirmative. With respect to Italy, Chairman Deanna Tanner Okun and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert voted in the negative; Vice Chairman Irving A. Williamson and Commissioner Charlotte R. Lane voted in the affirmative. With respect to Japan, Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson and Shara L. Aranoff voted in the negative; Commissioners Charlotte R. Lane and Dean A. Pinkert voted in the affirmative.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.

The Commission's public report Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and Korea (Inv. Nos. 701-TA-388-391 and 731-TA-817-821 (Second Review), USITC Publication 4296, December 2011) will contain the views of the Commission and information developed during the reviews.

Background

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 Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and Korea were instituted on November 10, 2010.

On February 4, 2011, the Commission voted to conduct full reviews. With respect to Italy, Japan, and Korea, all six Commissioners concluded that both the domestic group response and the respondent group responses for these reviews were adequate and voted for full reviews. With respect to India and Indonesia, all six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.