The U.S. International Trade Commission (USITC) on 14 January 2015 determined that revoking the existing antidumping duty orders on ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China and South Africa will remain in place. 

All six Commissioners voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.

The Commission’s public report Ferrovanadium from China and South Africa (Inv. Nos. 731-TA-986-987 (Second Review), USITC Publication 4517, January 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after February 18, 2015. After that date, it may be accessed on the USITC website.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Ferrovanadium from China and South Africa was instituted on November 1, 2013.

With regard to China, then-Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that the domestic group response for this review was adequate and the respondent group response was inadequate but that circumstances warranted a full review.  With regard to South Africa, then-Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff concluded that both the domestic group response and the respondent group response for this review were adequate and voted for a full review.  Then-Commissioner Shara L. Aranoff did not participate in these adequacy determinations.