ITA/ITC Consider Revoking AD Orders on China Activated Carbon
The International Trade Administration and the International Trade Commission have each issued notices initiating five-year Sunset Reviews of the antidumping duty order activated carbon from China (A-570-904) (first sunset review).
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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 Review Deadlines
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 these Sunset Reviews must respond by filing a notice of intent to participate not later than 15 days after the publication of this notice; i.e. on or about March 16, 2012.
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 these Sunset Review(s) must file complete substantive responses not later than 30 days after publication of this notice; i.e. on or about March 31, 2012.
ITC Sunset Review Deadlines
The ITC states that interested parties are requested to respond to its notices by submitting certain specified information by April 2, 2012. 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 reviews. The ITC adds that comments on the adequacy of responses may be filed by May 14, 2012.
| Jennifer Moats (ITA) | (202) 482-5047 |
| Mary Messer (ITC) | (202) 205-3193 |
The ITA notice (FR Pub 03/01/12) is available here.
The ITC notice (FR Pub 03/01/12) is available here.