October 9, 2024
News Release 24-099
Inv. No(s). 701-TA-672-673
Contact: Jennifer Andberg, 202-205-1819
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING SILICOMANGANESE FROM CHINA AND UKRAINE

The United States International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on silicomanganese from China and Ukraine 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 these products from China and Ukraine will remain in place.  

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative for the review involving China. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative for the review involving Ukraine. Commissioner David S. Johanson voted negative for the review  involving Ukraine.

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 Silicomanganese from China and Ukraine (Inv. Nos. 701-TA- 672-673 (Fifth Review), USITC Publication 5554, October 2024) will contain the views of the Commission and information developed during the reviews. 

The report will be available by November 6, 2024; 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 reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Silicomanganese from China and Ukraine were instituted on November 1, 2023.
On February 5, 2024, the Commission determined to conduct full five-year reviews. For Inv. No. 731-TA-672, concerning imports from China, Chair Amy A. Karpel and Commissioners David S. Johanson, Jason E. Kearns, and Rhonda K. Schmidtlein concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate, and voted for a full review. For Inv. No.731-TA-673, concerning imports from Ukraine, Chair Amy A. Karpel and Commissioners David S. Johanson, Jason E. Kearns, and Rhonda K. Schmidtlein concluded that the domestic interested party group response was adequate, and the respondent interested party group response was adequate, and voted for a full review.

A record of the Commission’s vote to conduct full reviews is available on the investigations page for Silicomanganese from China and Ukraine; Inv. No. 731-TA-672-673 (Review 5). Silicomanganese from China and Ukraine; Inv. No. 731-TA-672-673 (Review 5). 
 

# # #