October 6, 2009
News Release 09-075
Inv. No. 731-TA-130 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC WILL CONDUCT FULL "SUNSET" REVIEW CONCERNING
CHLOROPICRIN FROM CHINA
The U.S. International Trade Commission (USITC or Commission) has voted to conduct a full five- year ("sunset") review concerning the antidumping duty order on chloropicrin from China (Inv. No. 731-TA-130 (Third Review)).
As a result of the vote, the Commission will conduct a full review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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.
Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, and Commissioner Deanna Tanner Okun found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioners Charlotte R. Lane, Irving A. Williamson, and Dean A. Pinkert found 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 on this matter 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 vote is also posted on the USITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Chloropicrin - China (3rd Review)").
The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its review.