ITC MAKES AFFIRMATIVE DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING SOLID UREA FROM RUSSIA AND UKRAINE
The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on solid urea from Russia and Ukraine 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 determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of solid urea from Russia and Ukraine will remain in place.
Chairman Stephen Koplan and Commissioners Charlotte R. Lane and Daniel R. Pearson made affirmative determinations, finding that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman and Shara L. Aranoff made negative determinations, finding 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 this five-year (sunset) review.
The Commission's public report Solid Urea from Russia and Ukraine (Inv. Nos. 731-TA-340E and H (Second Review), USITC Publication 3821, December 2005) will contain the views of the Commission and information developed during the review.
Copies may be requested after December 21, 2005, 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 and review determinations, 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 Solid Urea from Russia and Ukraine was instituted on October 1, 2004.
On January 4, 2005, the Commission voted to conduct full reviews. With respect to Russia, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for a full review. With respect to Ukraine, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted a full review.
Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on January 18, 2005. That notice and a record of the Commission's vote is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Solid Urea - Russia (2nd Review)" and "Solid Urea - Ukraine (2nd Review)").
In addition, a record of the Commission's vote 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.