By George W. Thompson
The United States International Trade Commission has issued notices that it will conduct full “sunset” reviews of the antidumping and countervailing duty orders on Wooden Bedroom Furniture from China and Certain Aluminum Extrusions from China, and of the antidumping duty order on Raw In-Shell Pistachios from Iran. The first two cases have vexed importers for years, while the third has been effectively dormant due to United States sanctions on Iran. The Commission’s proceeding provides the best, albeit slim, chance to get rid of these orders.
What’s a Sunset Review?
A sunset review is a statutorily-mandated process for determining whether AD/CVD orders should remain in place. Each order is reviewed every five years by the Commission and the Commerce Department. The Commission’s task is to determine whether revocation of an order “is likely to lead to continuation or recurrence of material injury to” the relevant “industry in the United States within a reasonably foreseeable time.” Commerce evaluates whether the order’s revocation “would be likely to lead to continuation or recurrence of sales of the subject merchandise at less than fair value.” If both agencies make affirmative determinations, the order continues in force.
Procedurally, the Commission requires parties supporting and opposing an order’s continuation to provide certain information early in the sunset review. If (as often happens) the domestic industry responds and the exporting/importing parties do not, the Commission may conduct an “expedited” review using a limited record and with only one side participating. The agency has discretion to conduct a “full” review notwithstanding inadequate initial responses from the respondent side, however, and that’s what it has chosen to do in the Wooden Bedroom Furniture, Aluminum Extrusions and In-Shell Pistachios cases.
Opponents Get Another Chance
Although the parties opposed to continuation of these orders missed their initial opportunity to participate, they do have the ability to appear in the full reviews. They’ll have to hurry, however, since entries of appearance are due no later than 45 days after the review notices were published in the Federal Register. The applicable dates are August 22, 2016 for Wooden Bedroom Furniture (notice published here) and August 29, 2016 for Aluminum Extrusions (notice here). The In-Shell Pistachios schedule hasn’t yet been established.
While getting an order revoked is an up-hill battle, the importers and exporters of the covered items at least will have a forum for presenting their arguments in the full sunset reviews, should they choose to do so.
