The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on imports of fresh garlic from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing antidumping duty order on imports of this product will remain in place.
Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Lynn M. Bragg, Marcia E. Miller, and Jennifer A. Hillman voted in the affirmative. Commissioner Dennis M. Devaney did not participate in this review.
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 this five-year (sunset) review.
The Commission's public report Fresh Garlic from China (Inv. No. 731-TA-683 (Review), USITC Publication 3393, February 2001) will contain the views of the Commission and information developed during the review.
Copies may be requested after March 14, 2001, 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.
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) review concerning Fresh Garlic from China was instituted on December 1, 1999.
On March 3, 2000, the Commission voted to conduct a full review. Chairman Lynn M. Bragg, Vice Chairman Marcia E. Miller, and Commissioners Stephen Koplan, Thelma J. Askey, and Deanna Tanner Okun concluded that both the domestic and the respondent group responses were adequate and voted for a full review. Commissioner Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.
Information concerning the Commission's vote to conduct a full review was published in the Federal Register on March 15, 2000. That notice and a record of the Commission's vote are posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Fresh Garlic from China").
In addition, a record of the Commission's vote 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.