July 8, 2011
News Release 11-079
Inv. Nos. 701-TA-382 and 731-TA-798-803 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on stainless steel sheet and strip from Korea and the existing antidumping duty orders on stainless steel sheet and strip from Japan, Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

It further determined that revoking the existing antidumping duty orders on imports of these products from Germany, Italy, and Mexico would not 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 these products from Japan, Korea, and Taiwan will remain in place. The existing orders on imports of these products from Germany, Italy, and Mexico will be revoked.

Commissioner Shara L. Aranoff and Vice Chairman Irving A. Williamson voted in the affirmative with respect to Japan, Korea, and Taiwan, and in the negative with respect to Germany, Italy, and Mexico. Commissioner Dean A. Pinkert voted in the affirmative with respect to Japan, Korea, Mexico, and Taiwan, and in the negative with respect to Germany and Italy. Commissioner Charlotte R. Lane voted in the affirmative with respect to all countries. Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson voted in the negative with respect to all countries.

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 Stainless Steel Sheet and Strip from Germany, Italy, Japan, Korea, Mexico, and Taiwan (Inv. No. 701-TA-382 and 731-TA-798-803 (Second Review), USITC Publication 4244, July 2011) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after August 17, 2011, 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 USITC 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 (USITC) 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 USITC'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) reviews concerning Stainless Steel Sheet and Strip from Germany, Italy, Japan, Korea, Mexico, and Taiwan were instituted on June 1, 2010.

On September 7, 2010, the Commission voted to conduct full reviews. With respect to Germany, Italy, Korea, and Mexico, all six Commissioners found that the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to Japan and Korea, all six Commissioners found that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

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.