August 2, 2012
News Release 12-085
Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (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 certain lined paper school supplies from India and the existing antidumping duty orders on these products from China and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The USITC further determined that revoking the existing countervailing duty order and the existing antidumping duty order on these products from Indonesia 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 China and India will remain in place. As a result of the Commission's negative determinations, the existing orders on imports of these products from Indonesia will be terminated.
With respect to China, all six Commissioners voted in the affirmative. With respect to India, Chairman Irving A. Williamson and Commissioners Shara L. Aranoff and Dean A. Pinkert voted in the affirmative, and Commissioners Deanna Tanner Okun, Daniel R. Pearson, and David S. Johanson voted in the negative. With respect to Indonesia, Commissioners Okun, Pearson, Aranoff, Pinkert, and Johanson voted in the negative, and Chairman Williamson voted in the affirmative.
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 Certain Lined Paper School Supplies from China, India, and Indonesia (Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Review), USITC Publication 4344, August 2012) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after August 23, 2012, 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) review concerning Certain Lined Paper School Supplies from China, India, and Indonesia was instituted on August 1, 2011.
On November 4, 2011, the Commission voted to conduct full reviews. With respect to China and Indonesia, then-Chairman Deanna Tanner Okun, then-Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert concluded that both the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews. With respect to India, then-Chairman Deanna Tanner Okun, then- Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson, Shara L. Aranoff, and Dean A. Pinkert concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. Commissioner Charlotte R. Lane concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited 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.