PUBLIC VERSION
effect of the orders, the significant volume of low-priced subject imports would likely undersell the domestic like product to gain market share, forcing domestic producers to lower or restrain prices or lose sales, resulting in significant adverse price effects. 40 Furthermore, the Commission stated that the“ likely significant volume of low-priced subject imports and their adverse price effects would likely have a significant adverse impact on the production, shipments, sales, market share, and revenues of the domestic industry, which, in turn, would have a direct adverse impact on the industry’ s profitability and employment, as well as its ability to raise capital and make and maintain necessary capital investments.” 41 Moreover, the Commission noted that nonsubject imports“ have substantially increased their presence in the U. S. market since the original investigations ….” 42 The Commission concluded that if the AD / CVD Orders on QSP from China were revoked,“ subject imports of QSP from China would likely have a significant adverse impact on the domestic industry within a reasonably foreseeable time.” 43
The first sunset reviews of the AD / CVD Orders on QSP from India and Turkey are currently ongoing. 44
40 Id.
41 Id. at 23.
42 Id.
43 Id. at 24.
44 The sunset review of the AD / CVD Orders on QSP from China covered five full years from 2019
through 2023 and the sunset reviews of AD / CVD Orders on QSP from India and Turkey covered five full years from 2020 through 2024. Given that in safeguard investigations, the Commission typically analyzes the five most recent full calendar years, the POI for this proceeding will be 2020 through 2024. Although the legal standard for the Commission’ s analysis in sunset reviews of AD / CVD orders is different from the legal standard applicable in a safeguard investigation, the record in the sunset reviews is highly probative given the overlapping periods and the detailed findings on market conditions, import trends, and injury factors.
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