Final USITC Report on Chinese Quartz Imports June 2019 | Page 9

domestic like products, and (III) the impact of imports of such
merchandise on domestic producers of domestic like products, but only in
the context of production operations within the United States; and. . .
may consider such other economic factors as are relevant to the
determination regarding whether there is material injury by reason of
imports.
Section 771(7)(C) of the Act (19 U.S.C. § 1677(7)(C)) further provides that-- 5
In evaluating the volume of imports of merchandise, the Commission shall
consider whether the volume of imports of the merchandise, or any
increase in that volume, either in absolute terms or relative to production
or consumption in the United States is significant.. . .In evaluating the
effect of imports of such merchandise on prices, the Commission shall
consider whether. . .(I) there has been significant price underselling by the
imported merchandise as compared with the price of domestic like
products of the United States, and (II) the effect of imports of such
merchandise otherwise depresses prices to a significant degree or
prevents price increases, which otherwise would have occurred, to a
significant degree.. . . In examining the impact required to be considered
under subparagraph (B)(i)(III), the Commission shall evaluate (within the
context of the business cycle and conditions of competition that are
distinctive to the affected industry) all relevant economic factors which
have a bearing on the state of the industry in the United States, including,
but not limited to. . . (I) actual and potential decline in output, sales,
market share, gross profits, operating profits, net profits, ability to service
debt, productivity, return on investments, return on assets, and utilization
of capacity, (II) factors affecting domestic prices, (III) actual and potential
negative effects on cash flow, inventories, employment, wages, growth,
ability to raise capital, and investment, (IV) actual and potential negative
effects on the existing development and production efforts of the
domestic industry, including efforts to develop a derivative or more
advanced version of the domestic like product, and (V) in {an antidumping
investigation}, the magnitude of the margin of dumping.
In addition, Section 771(7)(J) of the Act (19 U.S.C. § 1677(7)(J)) provides that— 6
(J) EFFECT OF PROFITABILITY.—The Commission may not determine that
there is no material injury or threat of material injury to an industry in the
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Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015.
Amended by PL 114-27 (as signed, June 29, 2015), Trade Preferences Extension Act of 2015.
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