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NEWS RELEASE 00-041; MARCH 17, 2000 March 17, 2000
News Release 00-041
Invs. Nos. 701-TA-267 and 268 (Review) and 731-TA-297-299 and 304-305 (Review)

ITC MAKES FINAL DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN COOKING WARE FROM CHINA, KOREA, MEXICO, AND TAIWAN

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on certain cooking ware from China, Korea, Mexico, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of these products will remain in place.

With respect to porcelain-on-steel cooking ware from China, Mexico, and Taiwan, Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Deanna Tanner Okun found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Thelma J. Askey found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to top-of-the-stove stainless steel cooking ware from Taiwan and Korea, Vice Chairman Miller and Commissioners Hillman and Koplan found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Chairman Bragg and Commissioners Askey and Okun found that revoking the existing orders would not 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 Certain Cooking Ware from China, Korea, Mexico, and Taiwan (Invs. Nos. 701-TA-267 and 268 (Review) and 731-TA-297-299 and 304-305 (Review), USITC Publication 3286, March 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 20, 2000, 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 Certain Cooking Ware from China, Korea, Mexico, and Taiwan were instituted on February 1, 1999.

On May 6, 1999, the Commission voted to conduct full reviews. With regard to porcelain-on-steel cooking ware from Mexico and top-of-the-stove stainless steel cooking ware from Korea, 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 the domestic and the respondent group responses were adequate and voted for full reviews. With regard to porcelain-on-steel cooking ware from China and Taiwan and top-of-the-stove stainless steel cooking ware from Taiwan, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey determined that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Commissioner Carol T. Crawford determined that the domestic group responses were adequate and the respondent group responses were inadequate and voted for expedited reviews.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on November 17, 1999. That notice and a record of the Commission's vote are posted on the ITC's Internet server at www.usitc.gov (under "Five-Year (Sunset) Reviews"/ "Porcelain-on-Steel Cooking Ware from China," "Porcelain-on-Steel Cooking Ware from Taiwan," "Porcelain-on-Steel Cooking Ware from Mexico," "Top-of-the-Stove Stainless Steel Cooking Ware from Korea," and "Top-of-the-Stove Stainless Steel Cooking Ware from Taiwan").

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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