ITA Issues Correction Initiating Sunset Review of Polyester Staple Fiber from China; May Extend Deadlines

(The International Trade Administration published a notice on May 1 initiating a sunset review that inadvertently listed the order under review as the antidumping order on activated carbon from China and the effective date as March 1. After publication of this notice, officials at the ITA said the ITA would issue a correction as soon as possible, and that it was still determining what effect the late publication of the corrected notice would have on deadlines. See ITT’s Online Archives 12050209 for summary.)

Sunset Review is an Opportunity for Revocation of Order

The ITA has previously said the Uruguay Round Agreements Act (URAA) requires that AD and countervailing duty orders be revoked after sunset reviews held every 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 May be Extended

The ITA 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 not later than 15 days after the effective date of this notice; i.e. on or about May 16, 2012. However, the ITA said it will consider requests for extension of this deadline due to the circumstances requiring this correction

If it does not receive a notice of intent to participate from at least one domestic interested party by the 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 the Sunset Reviews must file complete substantive responses not later than 30 days after publication of this notice; i.e. on or about May 31, 2012. The ITA said it will consider requests for extension of this deadline due to the circumstances requiring this correction

ITC Sunset Review Deadlines

In its May 1 initiation notice, the ITC said interested parties are requested to respond to its notices by submitting certain specified information by May 31, 2012. 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 July 16, 2012.

The ITA notice (FR Pub 05/01/12) that erroneously identified activated carbon from China as the product under review is available here.

The ITA correction notice (FR Pub 05/14/12) is available here.

The ITC notice (FR Pub 05/01/12) is available here.