As a result of today's vote, the Commission will conduct an expedited review to determine whether revocation of the antidumping duty order on elemental sulfur from Canada would be likely to lead to continuation or recurrence of material injury. The Commission's review in this case will be completed no later than December 31, 1998, unless extended.
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 would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (ITC). Reviews of outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, began in July 1998.
The Commission's institution notice in five-year reviews requests that interested parties file information with the Commission concerning the likely effects of revoking the order as well as other industry data. 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 ITC'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 determinations in expedited reviews on the facts available, including the Commission's prior injury determination and responses received to its notice of institution. Persons eligible to file comments must do so by December 8, 1998.
The Commission's determination to conduct an expedited review resulted from a 4-2 vote. Vice Chairman Marcia E. Miller and Commissioners Carol T. Crawford, Jennifer A. Hillman, and Thelma J. Askey concluded that domestic group responses and respondent group responses were inadequate and voted for an expedited review. Chairman Lynn M. Bragg and Commissioner Stephen Koplan voted for a full review.
A record of the Commission's vote on this matter is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802. In addition, a statement by Chairman Bragg is available from the Secretary's Office.
The record of the Commission's vote and the statement of Chairman Bragg are also posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Five-Year Reviews Listing"/"Elemental Sulfur from Canada").
Additional information regarding the reasons for the Commission's determination to expedite the review will be included in the Commission's Federal Register notice. The Federal Register notice will also include additional information concerning the adequacy/inadequacy of responses filed by individual companies. Only companies that filed adequate responses and filed a timely notice of appearance are eligible to participate further in this review. Information will also be included in the report issued after the Commission completes its expedited review.