7 September 2007 - The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing countervailing duty and antidumping duty orders on pasta from Italy and Turkey 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 pasta from Italy and Turkey 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. See the attached page for background on these five-year (sunset) reviews.
The Commission's public report Certain Pasta from Italy and Turkey (Inv. Nos. 701-TA-365-366 and 731-TA-734-735 (Second Review), USITC Publication 3947, September 2007) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after October 18, 2007, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
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 ITC 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 (ITC) 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 ITC'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) reviews concerning Certain Pasta from Italy and Turkey were instituted on October 2, 2006.
On January 5, 2007, the Commission voted to conduct full reviews. With respect to Italy, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warrented a full review. With respect to Turkey, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews.