Final USITC Report on Chinese Quartz Imports June 2019 | Page 205

PART VII: THREAT CONSIDERATIONS AND INFORMATION ON
NONSUBJECT COUNTRIES
Section 771(7)(F)(i) of the Act (19 U.S.C. § 1677(7)(F)(i)) provides that—
In determining whether an industry in the United States is threatened
with material injury by reason of imports (or sales for importation) of the
subject merchandise, the Commission shall consider, among other
relevant economic factors 1 --
(I) if a countervailable subsidy is involved, such information as may be
presented to it by the administering authority as to the nature of
the subsidy (particularly as to whether the countervailable subsidy
is a subsidy described in Article 3 or 6.1 of the Subsidies
Agreement), and whether imports of the subject merchandise are
likely to increase,
(II) any existing unused production capacity or imminent, substantial
increase in production capacity in the exporting country indicating
the likelihood of substantially increased imports of the subject
merchandise into the United States, taking into account the
availability of other export markets to absorb any additional
exports,
(III) a significant rate of increase of the volume or market penetration of
imports of the subject merchandise indicating the likelihood of
substantially increased imports,
(IV) whether imports of the subject merchandise are entering at prices
that are likely to have a significant depressing or suppressing
effect on domestic prices, and are likely to increase demand for
further imports,
(V) inventories of the subject merchandise,
1
Section 771(7)(F)(ii) of the Act (19 U.S.C. § 1677(7)(F)(ii)) provides that “The Commission shall
consider {these factors} . . . as a whole in making a determination of whether further dumped or
subsidized imports are imminent and whether material injury by reason of imports would occur unless
an order is issued or a suspension agreement is accepted under this title. The presence or absence of
any factor which the Commission is required to consider . . . shall not necessarily give decisive guidance
with respect to the determination. Such a determination may not be made on the basis of mere
conjecture or supposition.”
VII-1