News

Jul 15, 2023

USITC Makes Determinations in Five

The U.S. International Trade Commission (USITC) today determined that revoking

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty orders on imports of carbon and alloy steel cut-to-length plate from China and South Korea and the existing antidumping duty orders on imports of carbon and alloy steel cut-to-length plate from Austria, Belgium, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey 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 Austria, Belgium, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey will remain in place.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative for the reviews involving Austria, Belgium, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey.

The Commission further determined that revocation of the existing antidumping duty order on imports of carbon and alloy steel cut-to-length plate from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's negative determination, the existing antidumping duty order on imports of this product from Brazil will be revoked.

Chairman Johanson and Commissioners Kearns and Karpel voted in the negative for the review involving Brazil. Commissioners Schmidtlein and Stayin voted in the affirmative for the review involving Brazil.

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 Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey (Inv. Nos. 701-TA-560-561 and 731-TA-1317-1328 (Review), USITC Publication 5399, January 2023) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 14, 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 Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey (Review) (Full) were instituted on December 1, 2021.

On March 7, 2022, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that, for Belgium, China, and South Africa, the domestic group responses were adequate and the respondent group responses were inadequate. They concluded that, for Austria, Brazil, France, Germany, Italy, Japan, South Korea, Taiwan, and Turkey, the domestic group responses and the respondent group responses were adequate, and voted for full reviews.

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.