The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on imports of pure magnesium from China (Inv. No. 731-TA-895 (Review)).

As a result of today’s vote, the Commission will conduct an expedited review to determine whether revocation of the order concerning this product would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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.

Vice Chairman Shara L. Aranoff, and Commissioners Stephen Koplan and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Jennifer A. Hillman concluded that both the domestic and respondent group responses for this review were inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun 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.

A record of the Commission’s vote on this matter 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.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Pure Magnesium (Granular) – China”).

The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed a timely notice of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.