ITC upholds steel import duties on China, India, 4 others

The U.S. International Trade Commission (ITC or commission) on October 10 announced its determinations in its five-year (sunset) reviews concerning hot-rolled steel products from Argentina, China, India, Indonesia, Kazakhstan, Romania, South Africa, Taiwan, Thailand and Ukraine.

With respect to the existing countervailing duty orders on hot-rolled steel products from India, Indonesia and Thailand, and the existing antidumping duty orders on these products from China, India, Indonesia, Taiwan, Thailand and Ukraine, the commission determined that revoking the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of these affirmative determinations, the existing orders on hot-rolled steel products from China, India, Indonesia, Taiwan, Thailand and Ukraine will remain in place.

With respect to the existing countervailing duty orders on hot-rolled steel products from Argentina and South Africa and the existing antidumping duty orders on these products from Argentina, Kazakhstan, Romania and South Africa, the commission determined that revoking the orders would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of these negative determinations, the existing orders on hot-rolled steel products from Argentina, Kazakhstan, Romania and South Africa will be revoked.

All six commissioners made affirmative determinations with respect to China, India, Indonesia, Taiwan, Thailand and Ukraine. With respect to Kazakhstan, Romania and South Africa, chairman Daniel R. Pearson, vice chairman Shara L. Aranoff, and commissioners Deanna Tanner Okun and Irving A. Williamson made negative determinations; commissioners Charlotte R. Lane and Dean A. Pinkert made affirmative determinations. With respect to Argentina, chairman Pearson, vice chairman Aranoff, and commissioners Okun, Williamson and Pinkert made negative determinations; commissioner Lane made an affirmative determination.

The action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See below for background on these five-year (sunset) reviews.

The commission's public report Hot-Rolled Steel Products from Argentina, China, India, Indonesia, Kazakhstan, Romania, South Africa, Taiwan, Thailand, and Ukraine (Inv. Nos. 701-TA- 404-408 and 731-TA-898-902 and 904-908 (Review), USITC Publication 3956, October 2007) will contain the views of the commission and information developed during the reviews.

Copies may be requested after November 15 by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

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 ITC 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 (ITC) 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 ITC'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 Hot-Rolled Steel Products from Argentina, China, India, Indonesia, Kazakhstan, Romania, South Africa, Taiwan, Thailand and Ukraine were instituted on August 1, 2006.

On November 6, 2006, the commission voted to conduct full reviews. With respect to Argentina, South Africa and Thailand, all six commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to India, Indonesia, Kazakhstan, Romania, Taiwan and Ukraine, all six commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to China, chairman Daniel R. Pearson, vice chairman Shara L. Aranoff, then-commissioner Jennifer A. Hillman, and commissioners Deanna Tanner Okun and Charlotte R. Lane concluded that the both the domestic group response and the respondent group response were adequate and voted for a full review; then-commissioner Stephen Koplan concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the commission's vote to conduct full reviews was published in the Federal Register on November 21, 2006. That notice and a record of the commission's vote is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Hot-Rolled Carbon Steel Flat Products - Argentina (AD)," "Hot-Rolled Carbon Steel Flat Products - Argentina (CVD)," "Hot-Rolled Carbon Steel Flat Products - China," "Hot-Rolled Carbon Steel Flat Products - India (AD)," "Hot-Rolled Carbon Steel Flat Products - India (CVD)," "Hot-Rolled Carbon Steel Flat Products - Indonesia (AD)," "Hot- Rolled Carbon Steel Flat Products - Indonesia (CVD)," "Hot-Rolled Carbon Steel Flat Products - Kazakhstan," "Hot-Rolled Carbon Steel Flat Products - Romania," "Hot-Rolled Carbon Steel Flat Products - South Africa (AD)," "Hot- Rolled Carbon Steel Flat Products - South Africa (CVD)," "Hot-Rolled Carbon Steel Flat Products - Taiwan," "Hot-Rolled Carbon Steel Flat Products - Thailand (AD)," "Hot-Rolled Carbon Steel Flat Products - Thailand (CVD)," and "Hot-Rolled Carbon Steel Flat Products - Ukraine").

In addition, 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.