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Commerce, ITC Consider Ending AD/CVD on NOES, Forged Fittings, End Blocks, Etc.

The Commerce Department and the International Trade Commission released notices Dec. 1 on its initiation of two months' worth of sunset reviews, including one month of reviews that actually began Nov. 3 but that weren't announced because of the recently ended federal government shutdown.

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The November sunset reviews cover the antidumping duty and countervailing duty orders on non-oriented electrical steel from China (A-570-996/C-570-997) and Taiwan (A-583-851/C-583-852); oil country tubular goods from China (A-570-943/C-570-944); and forged steel fittings from India (A-533-891/C-533-892), as well as the antidumping duty orders on non-oriented electrical steel from Germany (A-428-843), Japan (A-588-872), South Korea (A-580-872) and Sweden (A-401-809); forged steel fittings from South Korea (A-580-904); and frozen fish fillets from Vietnam (A-552-801).

The commission also began sunset reviews Dec. 1 on the antidumping duty and countervailing duty orders on citric acid from China (A-570-937/C-570-938) and forged steel fluid end blocks from Germany (A-428-847/C-428-848) and Italy (A-475-840/C-475-841), as well as the countervailing duty orders on forged steel fluid end blocks from India (C-533-894) and China (C-570-116).

Deadlines are the same for the November and December sunset reviews, as the deadlines run from the date of publication of the relevant Federal Register notice, i.e., Dec. 1.

Sunset Review Is an Opportunity for Revocation of Order

The Uruguay Round Agreements Act (URAA) requires that AD and CVD 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 CVD order(s).

Commerce Sunset Review Deadlines

Commerce said 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., Dec. 16 (letters of appearance are due Dec. 11).

If it doesn't receive a notice of intent to participate from at least one domestic interested party by the deadline, Commerce will automatically revoke the AD/CVD 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., Dec. 31.

ITC Sunset Review Deadlines

The ITC said interested parties must respond by Dec. 31 to its notices on the sunset reviews for non-oriented electrical steel, oil country tubular goods, forged steel fittings, frozen fish fillets, citric acid and forged steel fluid end blocks. 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 said comments on the adequacy of responses may be filed by Feb. 12.