ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW
CONCERNING GRAY PORTLAND CEMENT AND CEMENT CLINKER FROM JAPAN
The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty order on imports of gray portland cement and cement clinker from Japan 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 and Commerce's recent affirmative finding, the existing order on imports of these products from Japan will remain in place.
All six Commissioners voted in the affirmative, finding that revoking the existing order would 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 Gray Portland Cement and Cement Clinker from Japan (Inv. No. 731-TA-461 (Second Review), USITC Publication 3856, May 2006) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after June 21, 2006, 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.
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 Gray Portland Cement and Cement Clinker from Japan was instituted on October 3, 2005.
On January 6, 2006, the Commission voted to conduct an expedited review. Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review; Chairman Stephen Koplan and Commissioner Charlotte R. Lane 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 reasons for the Commission's vote to conduct an expedited review was published in the Federal Register on January 31, 2006. 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 "Gray Portland Cement & Clinker - Japan (2nd Review)").
In addition, a record of the Commission's vote to conduct an expedited review 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.