PUBLIC VERSION
evaluate the imports’ impact on that industry – as the“ the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article.” 62 Although not addressed in the statute, the relevant legislative history distinguishes between“ like” and“ directly competitive” domestic articles. 63 The former term defines domestic products that are“ substantially identical in inherent or intrinsic characteristics( i. e., materials from which made, appearance, quality, texture, etc.)” to the imported article. 64 The latter term defines domestic products that are“ are substantially equivalent for commercial purposes, that is, are adapted to the same uses and are essentially interchangeable” with the imported article. 65
In its analysis of what constitutes the like or directly competitive domestic product, the Commission considers a number of factors in practice, including“ the physical properties of the article, its customs treatment, its manufacturing process( where and how it is made, and whether in a separate facility), the product’ s uses, and the marketing channels through which the product is sold.” 66 Notably, the Commission will look for“ clear dividing lines between products, disregarding minor variations.” 67
62 19 U. S. C. § 2252( c)( 6)( A)( i)( emphasis added).
63 Fresh, Chilled, or Frozen Blueberries, Inv. No. TA-201-77, USITC Pub. 5164( March 2021)(“ Blueberries”) at 7.
64 Id.( citing H. R. Rep. No. 571, 93rd Cong., 1st Sess. 45( 1973); Senate Finance Committee, Report on Trade Reform Act of 1974 H. R. 10710, S. Rep. No. 1298, 93rd Cong., 2d Sess. at 121-22( 1974)).
65 Id.
66 Id.( citing Large Residential Washers, Inv. No. TA-201-076, USITC Pub. 4745( Dec. 2017)(“ Washers”) at 7-12).
67 Id. at 8.
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