Commerce, ITC Consider Ending AD/CV Duties on Steel Plate, Line Pipe, Melamine
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty order on cut-to-length carbon steel plate from China (A-570-849) and welded line pipe from South Korea (A-580-876), as well as the antidumping and countervailing duty orders on melamine from China (A-570-020/C-570-021), potassium phosphate salts from China (A-570-962/C-570-963) and welded line pipe from Turkey (A-489-822/C-489-823), and the suspended antidumping duty investigations on cut-to-length carbon steel plate from Russia and Ukraine (A-821-808, A-823-808).
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Sunset Review Is an Opportunity for Revocation of Order
The Uruguay Round Agreements Act (URAA) requires that AD and CV duty orders be revoked after sunset reviews held every five years unless it's found that revocation would likely 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 Commerce with respect to (1) or by the ITC with respect to (2) results in a revocation of the AD or CV duty order(s).
Commerce Sunset Review Deadlines
Commerce said in a notice set for publication in the Nov. 3 Federal Register 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 the sunset reviews must respond by filing a notice of intent to participate by 15 days after the publication of this notice, i.e., on or about Nov. 18.
If it does not receive a notice of intent to participate from at least one domestic interested party by the deadline, Commerce will automatically revoke the AD/CV 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 the sunset reviews must file complete substantive responses not later than 30 days after publication of this notice, i.e., on or about Dec. 3.
ITC Sunset Review Deadlines
The ITC said interested parties must respond to its notices published Nov. 2 on welded line pipe, melamine, potassium phosphate salts and cut-to-length carbon steel plate by Dec. 2. The ITC said 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 added that comments on the adequacy of responses may be filed by Jan. 14, 2021.