The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty order on industrial phosphoric acid from Israel and the existing antidumping duty order on industrial phosphoric acid from Belgium 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 negative determinations, the existing orders on imports of these products from Israel and Belgium will be revoked.
Vice Chairman Marcia E. Miller and Commissioners Jennifer A. Hillman, Stephen Koplan, Thelma J. Askey, and Deanna Tanner 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. Chairman Lynn M. Bragg did not participate in these reviews.
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 Industrial Phosphoric Acid from Israel and Belgium (Invs. Nos. 701-TA-286 and 731-TA-365 (Review), USITC Publication 3302, May 2000) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after June 12, 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.
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 Industrial Phosphoric Acid from Israel and Belgium were instituted on March 1, 1999.
On June 3, 1999, the Commission voted to conduct full reviews. 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 for these reviews were adequate and voted for full reviews.
Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on June 11, 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"/"Industrial Phosphoric Acid from Israel (CVD)," and "Industrial Phosphoric Acid from Belgium").
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.