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Commission Makes Determination in Five-Year (Sunset) Review Concerning Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan

September 10, 2019
News Release 19-083
Inv. No. 731-TA-1206 (Review)
Contact: Peg O'Laughlin, 202-205-1819
Commission Makes Determination in Five-Year (Sunset) Review Concerning Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on imports of diffusion-annealed, nickel-plated flat-rolled steel products from Japan 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 determination, the existing antidumping duty order on imports of these products from Japan will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative.  Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in this vote.

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 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (Inv. No. 731-TA-1206 (Review), USITC Publication 4971, September 2019) will contain the views of the Commission and information developed during the review.

The report will be available by October 15, 2019; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.


BACKGROUND

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) review concerning Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan was instituted on April 1, 2019.

On July 5, 2019, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns concluded 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 to conduct an expedited review 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.

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