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ITC Issues Negative "Market Disruption" Determination in Section 421 Investigation of Uncovered Innerspring Units from China

The International Trade Commission (ITC) has issued a press release announcing that it has made a negative determination with regard to its safeguard investigation involving uncovered innerspring units from China.

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The ITC has found that uncovered innerspring units from China are not being imported into the U.S. in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products.

ITC's Market Disruption Investigation of Uncovered Innerspring Units Will End

As a result of the ITC's negative determination with respect to these products, this market disruption investigation will end and the ITC will send its report to both the President and the U.S. Trade Representative (USTR) by March 26, 2004.

(The ITC has previously stated that section 421 was added to the Trade Act of 1974 by the U.S.-China Relations Act of 2000 to implement a transitional bilateral safeguard provision in the U.S.-China agreement relating to China's accession to the World Trade Organization (WTO). The ITC states that domestic producers can obtain relief under this provision if the ITC finds that Chinese products are being imported into the U.S. in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. See ITT's Online Archives or 02/25/02 news, (Ref:02022515), for BP summary of ITC interim rule amending its regulations with respect to section 421 investigations.)

(See ITT's Online Archives or 01/15/04 news, 04011525, for BP summary of the ITC's institution of this investigation. See ITT's Online Archives or 03/05/04 news, 04030540, for BP summary of the President's latest determination to not provide section 421 relief to a U.S. industry.)

ITC Press Release (Inv. No. TA-421-5, press release 04-022, dated 03/08/04) available at http://www.usitc.gov/er/nl2004/er0308bb1.htm