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Like Product Determinations

  The petition should also clearly identify and define the domestic like product. The domestic like product is the "product that is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation..."

  In other words, the domestic like product is the product produced in the United States which is most similar to the foreign product covered under the scope of the investigation.

  The domestic like product needs to be defined because a petition must be filed on behalf of and have the support of the industry producing the domestic like product before the Department of Commerce can initiate an investigation.

  Both the International Trade Commission and the Department of Commerce are required to make like product determinations but do so for different purposes and pursuant to different statutory authorities.

  The Department of Commerce makes its like product determination early in the investigation - during the initiation phase - in the context of analyzing industry support. Because the Department of Commerce makes its like product determination during the initiation phase, the Department of Commerce has much less time than the International Trade Commission to make its determination and it does so on the basis of a different, and less complete record.

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