The U.S. International Trade Commission (ITC) today 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. See the attached page for background on this five-year (sunset) review.

The Commission's public report Ferrovanadium from China and South Africa (Inv. Nos 731-TA- 986-987 (Review)), USITC Publication 4046, November 2008) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after December 9, 2008, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to 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 Ferrovanadium from China and South Africa were instituted on December 3, 2007.

On March 7, 2008, the Commission voted to conduct full reviews. All six Commissioners found that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on March 18, 2008. That notice and a record of the Commission's vote is posted on the ITC's Internet site at http://info.usitc.gov/oinv/sunset.NSF (under "Ferrovanadium - China" and "Ferrovanadium - South Africa").

In addition, a record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.