The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the countervailing duty order on sulfanilic acid from India and the antidumping duty orders on this product from China and India.
As a result of the votes, the Commission will conduct expedited reviews to determine whether revocation of the orders 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 generally 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 determinations 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 reviews, and information provided by the Department of Commerce.
With respect to India, all six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews. With respect to China, all six Commissioners concluded that both the domestic and the respondent group responses were adequate, but that circumstances warranted an expedited review.
A record of the Commission’s votes on these matters 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 votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc. From this page, search "sulfanilic acid" using the search box in the upper right corner.
The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.