ITA/ITC Consider 5-Year AD/CV Sunset Revocations: Flat Panel Displays, Forklift Trucks, Cooking Ware, Pistachios
The International Trade Administration (ITA) and the International Trade Commission (ITC) have issued various notices, each initiating automatic five-year sunset reviews on the above-listed antidumping (AD) duty orders and countervailing (CV) duty orders.
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Sunset Reviews are an Opportunity for Revocation of Order(s)
The ITA has previously stated that the Uruguay Round Agreements Act (URAA) requires that AD and CV 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 and/or CV duty order.
ITA Five-Year Sunset Reviews. The ITA states that domestic interested parties (as defined in 19 CFR 351.102(b)) wishing to participate in these sunset reviews must respond by filing a notice of intent to participate not later than 15 days after March 1, 2005. If it does not receive an order-specific notice of intent to participate from at least one domestic interested party by this deadline, the ITA will automatically revoke the respective AD and/or CV duty orders 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 for the specific order must file complete substantive responses not later than 30 days after March 1, 2005.
ITC Five-Year Sunset Reviews.The ITC states that interested parties are requested to respond to its notice(s) by submitting certain information specified in the ITC's notice(s) by April 20, 2005. The ITC states that it will assess the adequacy of interested party responses to the notice(s) of institution to determine whether to conduct full or expedited reviews. The ITC adds that comments on the adequacy of responses may be filed by May 16, 2005.
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.
(See ITA and ITC notices for more information, including ITA and ITC comment submission requirements, ITC case numbers, etc.)
Contacts - Martha Douthit (202) 482-4340 (ITA)
Mary Messer (202) 205-3193 (ITC)
ITA Notice (FR Pub 03/01/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-823.pdf
ITC Notices (FR Pub 03/01/05) available by scrolling down to ITC section athttp://www.access.gpo.gov/su_docs/fedreg/a050301c.html