The United States International Trade Commission is planning to hold a final phase-out review relative to the anti-dumping injunction against silicon metal imports from Russia. In the course of its proceedings, the Commission is bound to decide if the rescission of the duty order will negatively impact the market in the United States, i.e. whether dumping is substantially certain to occur in the future.

This second round of review procedures is to be carried out in line with the sunset requirements of the Uruguay Round Agreements Act. It is incumbent on the Commerce Department to terminate any anti-dumping order within five years, unless the order’s revocation is substantially certain to result in the recurrence of dumping or a material injury in the foreseeable future. The latter determination is specifically to be made by the International Trade Commission, while the former by the Department of Commerce itself.

So far, the commissioners of the International Trade Commission all elected to undertake a comprehensive review of the order. The review process is such that formal question-and-answer forms are issued to the parties affected and a public hearing is held.