The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on light-walled rectangular pipe and tube from China and the antidumping duty orders on imports of this product from China, Korea, Mexico, and Turkey would 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 this product from China, Korea, Mexico, and Turkey will remain in place.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, and F. Scott Kieff voted in the affirmative with respect to all countries. Commissioner Meredith M. Broadbent voted in the affirmative with respect to China, Korea, and Turkey, and in the negative with respect to Mexico. Commissioner Rhonda K. Schmidtlein did not participate in these reviews.
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 these five-year (sunset) reviews.
The Commission's public report Light-Walled Rectangular Pipe and Tube from China, Korea, Mexico, and Turkey (Inv. Nos.701-TA-449 and 731-TA-1118-1121 (Review), USITC Publication 4470, June 2014) will contain the views of the Commission and information developed during the reviews.
The report will be available after June 27, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date by emailing email@example.com, 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.
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 Light-Walled Rectangular Pipe and Tube from China, Korea, Mexico, and Turkey was instituted on April 1, 2013.
On July 5, 2013, the Commission voted to conduct full reviews. With respect to imports from Mexico, all six Commissioners concluded that both the domestic group response and the respondent group responses for this review were adequate and voted for a full review. With respect to imports from China and Korea, all six Commissioners concluded that the domestic group responses for these reviews were adequate and that the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to imports from Turkey, Chairman Irving A. Williamson, then-Commissioners Daniel R. Pearson and Shara L. Aranoff, and Commissioner Dean A. Pinkert concluded that the domestic group response for this review was adequate and that the respondent group responses were inadequate, but that circumstances warranted a full review. With respect to imports from Turkey, Commissioners David S. Johanson and Meredith M. Broadbent concluded that both the domestic group response and the respondent group responses for this review were adequate and voted for a full 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.