In a separate proceeding, the Commerce Department determined that producers in Brazil, Japan and Russia would likely resume selling merchandise at less-than-fair value with the benefit of subsidies if the orders and agreement were revoked. However, only Russian product would injure the U.S. steel producers, it said.
"We fundamentally disagree with that," according to Alan Price, an attorney at Wiley Rein LLC, who represents Nucor Corp., Charlotte, N.C. "Both countries (Brazil and Japan) have excess capacity, and we believe that those capacities would result in imports that would be harmful in terms of production and pricing."
Price added that the revocation of Brazilian and Japanese orders was in error and will be appealed.
Kaoru Okamoto, President of the Japan Steel Information Center, lauded the ruling.
"This determination confirms the consistent position of the Japanese Steel Industry that exports of hot-rolled products are of high value-added, specialty products and are not likely to lead to continuation or recurrence of material injury to the U.S. steel industry," he said in a statement.
The ITC made its decision in the second sunset review, which determines if the termination of anti-dumping and countervailing orders would likely lead to the continuation or recurrence of material injury to the domestic industry.