Trade Law Daily is a service of Warren Communications News.

AD: Russia Ferrovanadium and Nitrided Vanadium

The International Trade Administration (ITA) and the International Trade Commission (ITC) have issued a notice, each initiating an automatic five-year Sunset Review on the above-listed antidumping (AD) duty order.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Sunset Review is an Opportunity for Revocation of Order

The ITA has previously stated that the Uruguay Round Agreements Act (URAA) requires that AD 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 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 duty order(s).

ITA Five-Year Sunset Review. The ITA states that domestic interested parties (as defined in 19 CFR 351.102(b)) wishing to participate in this Sunset Review must respond by filing a notice of intent to participate not later than 15 days after May 1, 2006. 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 respective AD duty order without further review. However, if it does receive a notice of intent to participate from a domestic interested party, then all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after May 1, 2006.

ITC Five-Year Sunset Review.The ITC states that interested parties are requested to respond to its notice by submitting certain information specified in the ITC's notice by June 20, 2006. The ITC states that it will assess the adequacy of interested party responses to the notice of institution to determine whether to conduct a full or expedited review. The ITC adds that comments on the adequacy of responses may be filed by July 14, 2006.

ITA and ITC Five-Year Sunset Review Websites

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 website 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 number, etc.)

Brandon Farlander (ITA)(202) 482-0182
Mary Messer (ITC)(202) 205-3193

ITA Notice (FR Pub 05/01/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-4098.pdf

ITC Notice (FR Pub 05/01/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-6361.pdf