PUBLIC VERSION
D.
Conclusion on Injury
The surge of QSP imports has been remarkable— grabbing market share from U. S. producers, slashing domestic output, and closing factories. Safeguard relief is appropriate and needed in light of the aggressive surge of imports that have entered the United States including by misclassification and transshipping.
VI.
IMPORTS OF QSP ARE A SUBSTANTIAL CAUSE OF SERIOUS INJURY, OR THREAT THEREOF, TO THE DOMESTIC INDUSTRY
A.
Legal Framework To reach a finding under the safeguard provision, the Commission must“ determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article.” 123 In this context, the term“ substantial cause” is defined as“ a cause which is important and not less than any other cause.” 124 The statute instructs the Commission to“ take into account all economic factors which it considers relevant,” including, but not limited to, any increase in imports in either absolute or relative terms, and any decline in the market share held by the domestic industry. 125 The Commission must also“ consider the condition of the domestic industry over the course of the relevant business cycle,” and“ examine factors other than imports which may be a cause of serious injury, or threat of serious injury, to the domestic industry.” 126
123 19 U. S. C. § 2252( b)( 1)( A). 124 Id. § 2252( b)( 1)( B). 125 Id. § 2252( c)( 1), 2252( c)( 1)( C). 126 Id. § 2252( c)( 2)( A), 2252( c)( 2)( B).
46