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NEWS RELEASE 00-108; AUGUST 11, 2000 August 11, 2000
News Release 00-108
Invs. Nos. 731-TA-96 and 439-445 (Review)

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING INDUSTRIAL NITROCELLULOSE FROM BRAZIL, CHINA, FRANCE, GERMANY, JAPAN, KOREA, THE UNITED KINGDOM, AND YUGOSLAVIA

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on industrial nitrocellulose from Brazil, China, France, Germany, Japan, Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty order on this product from Yugoslavia would not.

As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing antidumping duty orders on imports of this product from Brazil, China, France, Germany, Japan, Korea, and the United Kingdom will remain in place. As a result of the Commission's negative determination, the existing antidumping duty order on imports of this product from Yugoslavia will be revoked.

Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, and Jennifer A. Hillman voted in the affirmative with repect to Brazil, China, France, Germany, Japan, Korea, and the United Kingdom; they voted in the negative with respect to Yugoslavia. Commissioner Thelma J. Askey voted in the affirmative with respect to China, France, Germany, Japan, and the United Kingdom; she voted in the negative with respect to Brazil, Korea, and Yugoslavia.

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 Nitrocellulose from Brazil, China, France, Germany, Japan, Korea, the United Kingdom, and Yugoslavia (Invs. Nos. 731-TA-96 and 439-445 (Review), USITC Publication 3342, August 2000) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after September 14, 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 Industrial Nitrocellulose from Brazil, China, France, Germany, Japan, Korea, the United Kingdom, and Yugoslavia were instituted on June 1, 1999.

On September 3, 1999, the Commission voted to conduct full reviews. With regard to industrial nitrocellulose from France, the United Kingdom, and Germany, 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 industrial nitrocellulose from Brazil, Japan, China, Korea, and Yugoslavia, Chairman Bragg, Vice Chairman Miller, and Commissioners Hillman, Koplan, and Askey concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted a full review. Commissioner Crawford concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for an expedited review.

Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on September 15, 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 Nitrocellulose from Brazil," Industrial Nitrocellulose from China," "Industrial Nitrocellulose from France," "Industrial Nitrocellulose from Germany," "Industrial Nitrocellulose from Japan," "Industrial Nitrocellulose from Korea," "Industrial Nitrocellulose from the United Kingdom," and "Industrial Nitrocellulose from Yugoslavia").

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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