As a result of the Commission's negative determinations, the existing orders on imports of structural steel beams from Japan and Korea will be revoked.
Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Jennifer A. Hillman, Daniel R. Pearson, and Shara L. Aranoff found that revoking the existing orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Charlotte R. Lane found that revoking the existing orders 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 this five-year (sunset) review.
The Commission's public report Structural Steel Beams from Japan and Korea (Inv. Nos. 701- TA-401 and 731-TA-853-854 (Review), USITC Publication 3840, March 2006) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after March 29, 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.
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) reviews concerning Structural Steel Beams from Japan and Korea were instituted on May 1, 2005.
On August 5, 2005, the Commission voted to conduct full reviews. With respect to Korea, Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Daniel R. Pearson concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to Japan, Chairman Koplan, Vice Chairman Okun, and Commissioners Hillman, Lane, and Pearson concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. Then-Commissioner Marcia E. Miller did not participate in these reviews.
Information concerning the reasons for the Commission's votes to conduct full reviews was published in the Federal Register on August 17, 2005. That notice and a record of the Commission's votes is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Structural Steel Beams - Korea (CVD)," "Structural Steel Beams - Korea (AD)," and "Structural Steel Beams - Japan").
In addition, 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.