ITA and ITC Consider Revoking AD Orders on Fiber, Brass Nitrate Under Sunset Reviews
The International Trade Administration and the International Trade Commission have each issued notices initiating five-year Sunset Reviews of the following antidumping duty orders:
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| France | Brass Sheet and Strip | A-427-602 |
| Germany | Brass Sheet and Strip | A-428-602 |
| Italy | Brass Sheet and Strip | A-475-601 |
| Japan | Brass Sheet and Strip | A-588-704 |
| Korea | Polyester Staple Fiber | A-580-839 |
| Taiwan | Polyester Staple Fiber | A-583-833 |
| Russia | Ammonium Nitrate | A-821-811 |
Sunset Review is an Opportunity for Revocation of Order
The ITA has previously stated that the Uruguay Round Agreements Act (URAA) requires that AD and countervailing duty orders be revoked after five years unless it is found that revocation would be likely to lead to both (1) a continuation or recurrence of dumping or a countervailable subsidy and (2) material injury to a U.S. industry within a reasonably foreseeable time. As a result, a negative determination either by the ITA with respect to (1) or by the ITC with respect to (2) results in a revocation of the AD or CV duty order(s).
ITA Sunset Reviews. The ITA states that domestic interested parties (as defined in certain sections of the Tariff Act of 1930 and 19 CFR 351.102(b)) wishing to participate in its Sunset Review(s) must respond by filing a notice of intent to participate not later than March 16, 2011.
If it does not receive a notice of intent to participate from at least one domestic interested party by this deadline, the ITA will automatically revoke the AD duty order(s) without further review. However, if it does receive an order-specific notice of intent to participate from a domestic interested party, then all parties wishing to participate in the Sunset Review(s) must file complete substantive responses not later than March 31, 2011.
ITC Sunset Reviews. The ITC states that interested parties are requested to respond to its notices by submitting certain specified information by March 31, 2011. The ITC states that it will assess the adequacy of interested party responses to the notices of institution to determine whether to conduct full or expedited review(s). The ITC adds that comments on the adequacy of responses may be filed by May 16, 2011.
ITA and ITC Five-Year Sunset Review Web Sites
The ITA and ITC have made information related to five-year Sunset Review proceedings, including copies of rules and regulations, available to the public via the internet at the following Web site addresses: ITA: http://ia.ita.doc.gov/sunset/ and ITC: http://info.usitc.gov/oinv/sunset.nsf.
| David Goldberger (ITA) | (202) 482-4136 |
| Mary Messer (ITC) | (202) 205-3193 |
The ITA notice (FR Pub 03/01/11) is available here.
The ITC brass sheet & strip notice (FR Pub 03/02/11) is available here.
The ITC polyester staple fiber notice (FR Pub 03/01/11) is available here.
The ITC ammonium nitrate notice (FR Pub 03/01/11) is available here.