March 12, 2009
News Release 09-021
Inv. Nos. 731-TA-1014, 1016, & 1017 (Review)
Contact: Peg O'Laughlin, 202-205-1819

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING POLYVINYL ALCOHOL FROM CHINA, JAPAN, AND KOREA

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders polyvinyl alcohol from China, Japan, and Korea 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, the existing orders on imports of this product from China, Japan, and Korea will remain in place.

Chairman Shara L. Aranoff and Commissioners Deanna Tanner Okun, Charlotte R. Lane, Irving A. Williamson, and Dean A. Pinkert voted in the affirmative. Vice Chairman Daniel R. Pearson voted in the affirmative with respect to China and Japan and in the negative with respect to Korea.

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 Polyvinyl Alcohol from China, Japan, and Korea (Inv. Nos. 731- TA-1014, 1016, and 1017 (Review)), USITC Publication 4067, March 2009) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 16, 2009, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to 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 Polyvinyl Alcohol from China, Japan, and Korea was instituted on June 2, 2008.

On September 5, 2008, the Commission voted to conduct full reviews. With respect to China, Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, and Commissioners Deanna Tanner Okun, Irving A. Williamson, and Dean A. Pinkert found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review; Commissioner Charlotte R. Lane found that both the domestic group response and the respondent group response were adequate and voted for a full review. With respect to Japan, Chairman Aranoff, Vice Chairman Pearson, and Commissioners Okun and Williamson found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioners Lane and Pinkert found that both the domestic group response and the respondent group response were adequate and voted for a full review. With respect to Korea, all six Commissioners found that both the domestic and the respondent group responses were adequate and voted for a full review.

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.

The record of the Commission's votes is also posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Polyvinyl Alcohol - China," "Polyvinyl Alcohol - Japan," and "Polyvinyl Alcohol - Korea").

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