October 20, 1999
News Release 99-144
Invs. Nos. 303-TA-13 (Review); 701-TA-249 (Review) and 731-TA-262, 263, and 265 (Review)

ITC MAKES FINAL DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING IRON METAL CASTINGS FROM INDIA;
HEAVY IRON CONSTRUCTION CASTINGS FROM BRAZIL; AND
IRON CONSTRUCTION CASTINGS FROM BRAZIL, CANADA, AND CHINA

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty order on heavy iron construction castings from Brazil; the existing antidumping duty orders on heavy iron construction castings from Brazil, Canada, and China; and the existing antidumping duty orders on light iron construction castings from Brazil and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission further determined that revoking the existing countervailing duty order on heavy iron metal castings from India 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 determination and the Department of Commerce's recent affirmative findings, the existing countervailing duty and antidumping duty orders on imports of heavy iron construction castings from Brazil, Canada, and China and light iron construction castings from Brazil and China will remain in place. As a result of the Commission's negative determination concerning imports of heavy iron metal castings from India, that countervailing duty order will be revoked, effective January 1, 2000.

Chairman Lynn M. Bragg and Commissioners Stephen Koplan and Thelma J. Askey found that revoking the existing orders on imports of heavy iron construction castings from Brazil, Canada, and China and light iron construction castings from Brazil and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. They determined that revoking the existing order on heavy iron metal castings from India would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Vice Chairman Marcia E. Miller and Commissioner Jennifer A. Hillman found that revoking the existing orders on imports of heavy iron construction castings from Brazil, Canada, and China; heavy iron metal castings from India; and light iron construction castings from Brazil and China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Commissioner Carol T. Crawford found that revoking the existing orders on imports of iron metal castings from India; heavy iron construction castings from Brazil; and iron construction castings from Brazil and China would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. She determined that revoking the existing order on imports of iron construction castings from Canada would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Iron Metal Castings from India; Heavy Iron Construction Castings from Brazil; and Iron Construction Castings from Brazil, Canada, and China (Invs. Nos. 303-TA-13 (Review); 701-TA-249 (Review) and 731-TA-262, 263, and 265 (Review), USITC Publication 3247, October 1999) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after November 18, 1999, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


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 ITC 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 (ITC) within a reasonably foreseeable time. 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 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 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 determination in expedited reviews on the facts available, including the Commission's prior injury determination, 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 Iron Metal Castings from India; Heavy Iron Construction Castings from Brazil; and Iron Construction Castings from Brazil, Canada, and China were instituted on November 2, 1999.

On February 4, 1999, the Commission voted to conduct full reviews in these cases. With regard to heavy iron metal castings from India, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Carol T. Crawford, Jennifer A. Hillman, Stephen Koplan, and Thelma J. Askey concluded that both domestic and respondent group responses for this review were adequate and voted for a full review. With regard to heavy iron construction castings from Brazil and iron construction castings from Brazil, Canada, and China, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey concluded that domestic group responses for these reviews were adequate and respondent group responses were inadequate, but that circumstances warranted full reviews. Commissioner Crawford concluded that domestic group responses for these reviews were adequate and respondent group responses were inadequate and voted for expedited reviews.

Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on February 24, 1999. That notice and a record of the Commission's votes are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Iron Metal Castings from India," "Heavy Iron Construction Castings from Brazil," "Iron Construction Castings from Brazil," "Iron Construction Castings from Canada," and "Iron Construction Castings from China").

In addition, a record of the Commission's votes to conduct full reviews 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.

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