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Evidence of Material Injury and Causation

Section 771(7)(A) of the Act defines material injury as harm which is not inconsequential, immaterial, or unimportant.

  The Department of Commerce examines whether a petition provides evidence of material injury or threat thereof.

  In making its determination, the Department of Commerce examines whether the petition identifies, with supporting documentation, the types of injury that the domestic industry has experienced, including, but not limited to,

   •   declining domestic prices

   •   reduced levels of production

   •   reduced levels of capacity utilization

   •   declining net sales and market share

   •   sales lost to imports

   •   declining profitability

   •   reduced levels of employment

   •   bankruptcy

  If the petition’s allegations are sufficiently supported by evidence, and if the Department of Commerce’s review of reasonably available information is not contrary to this evidence, the Department of Commerce determines that the petition meets the statutory requirements for initiation for material injury and causation

  After an investigation is initiated, the International Trade Commission is responsible for determining whether a domestic industry is materially injured, or a domestic industry is threatened with material injury as a result of the individual and cumulated impact of the allegedly dumped imports

  In making this determination, sections 771(7)(B) and (C) of the Act direct the ITC to evaluate: whether the volume or increase in volume of imports is significant; whether there has been significant price underselling by the imported merchandise and if such imports have depressed prices; and all relevant economic factors which have an impact on the state of the industry in the United States.

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