The U.S. International Trade Commission (“ITC”) has been reviewing antidumping and countervailing duty cases under the “sunset” provision of the trade laws for ten years. The sunset provision requires the ITC to undertake a review every five years following the issuance of an antidumping or countervailing duty order to determine whether it is like that material injury to the domestic industry will continue or recur if the order were to be revoked.

The article reviews the application of the sunset provision in the ten years since its enactment, focusing in particular upon how the ITC’s analysis in sunset reviews differs from its analysis in original investigations as set forth in Commission decisions and in guidance provided by the courts and the World Trade Organization (WTO). In addition, in recognition of the unique nature of a sunset inquiry, possible revisions to the Commission’s approach to date in sunset cases are identified.

Sunset Cases Before the ITC: Lessons From the First Ten Years