October 2, 2023
News Release 23-086
Inv. No(s). 701-TA-382 and 731-TA-800, 801, and 803
Contact: Lawrence Jones, 202-205-1819
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING STAINLESS STEEL SHEET AND STRIP FROM JAPAN, SOUTH KOREA, AND TAIWAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on stainless steel sheet and strip from Japan, South Korea, and Taiwan 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 Japan, South Korea, and Taiwan will remain in place. 

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

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 Stainless Steel Sheet and Strip from Japan, South Korea, and Taiwan (Inv. Nos. 701-TA-382 and 731-TA-800, 801, and 803 (Fourth Review), USITC Publication 5466, October 2023) will contain the views of the Commission and information developed during the reviews. 

The report will be available by November 13, 2023; 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) reviews concerning Stainless Steel Sheet and Strip from Japan, South Korea, and Taiwan were instituted on September 1, 2022.

On December 5, 2022, the Commission voted to conduct full reviews. For Japan, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response and the respondent interested party group response were adequate and voted for full reviews.  For South Korea and Taiwan, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel found the domestic interested party group response adequate but the respondent interested party group responses inadequate.  Having determined to conduct a full review with respect to Japan, however, they also voted to conduct full reviews with respect to South Korea and Taiwan to promote administrative efficiency. 

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.

 

 

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