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Sunset Reviews

What are five-year (sunset) reviews?

The Uruguay Round Agreements Act, approved in late 1994, amended the antidumping and countervailing duty laws in several respects. One of the most significant changes is the provision requiring the Department of Commerce and the Commission to conduct reviews no later than five years after an antidumping or countervailing duty order is issued to determine whether revoking the order would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (Commission).

This requirement resulted in reviews of all outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, over a three-year "transition period" that began in July 1998 and ended in June 2001. Original first reviews of antidumping and countervailing duty orders issued after January 1, 1995, are conducted five years after the effective date of the original order. Subsequent reviews (i.e., second reviews, third reviews, etc.) are conducted five years after the effective date of any continuation order.

How will reviews proceed?

Five-year reviews of all antidumping and countervailing duty orders that were issued prior to 1995 (known as "transition" reviews) were initiated by the Department of Commerce beginning in July 1998 and completed by both Commerce and the Commission in February 2001, several months prior to the statutory deadline of June 2001. Five-year reviews of all antidumping and countervailing duty orders that are issued after January 1, 1995, including any continuation orders, are initiated by Commerce by approximately 30 days prior to their five-year anniversary.

The Commission will institute its five-year review and set its schedule in a published Federal Register notice that will be effective the same day as Commerce's initiation of the five-year review. The Commission’s notice in each review will be posted in the Five-Year (Sunset) Reviews Database.

Approximately 95 days after publication in the Federal Register of the Commission's notice of institution of the five-year review, the Commission will decide whether to conduct a full or expedited five-year review. If the Commission decides to conduct a full five-year review, it will typically complete the review within 360 days of initiation. However, if interested party responses to the Commission's notice of institution are inadequate, the Commission can make an expedited determination within 150 days. Both Commerce and the Commission have the authority to extend these deadlines by up to 90 days in all transition reviews and other extraordinarily complicated cases.

In five-year reviews, the Commission determines whether revocation of the antidumping or countervailing duty order would be likely to lead to continuation or recurrence of material injury to the U.S. industry. If the Commission’s determination is affirmative, the order will remain in place. If the Commission’s determination is negative, the order will be revoked.

Where can I find sample five-year review questionnaires?

Sample five-year review questionnaires can be downloaded by clicking the links below:

Other sample questionnaires can be downloaded by visiting the Generic Questionnaires page.