PUBLIC VERSION
ongoing evasion of the orders, yet another circumstance that was not foreseen by negotiators at the time that relevant trade concessions were made. 167
Finally, in addition to being the result of unforeseen developments, the surge in imports of QSP is attributable to obligations the United States incurred as part of its accession to the WTO. As part of its obligations under GATT 1994 Article II and its Schedule of Concessions to the GATT 1994, the United States bound its ordinary customs duties on heading 6810.99.00. 168 As a result, the United States did not have the option of increasing its ordinary customs duties on QSP to reduce the injurious effects of the surge in imports seen in recent years.
Given these circumstances, the surge in imports has resulted from both unforeseen developments and obligations incurred by the United States as part of its accession to the WTO.
IX. EFFORTS TO COMPETE( 19 C. F. R. § 206.14( H)) The domestic industry, including members of the QMAA, has devoted significant resources to staying competitive in the U. S. market. In 2018, the domestic industry successfully petitioned the U. S. government for AD / CVD relief from imports from China. The following year, in 2019, the domestic industry successfully petitioned the U. S. government for AD / CVD relief from imports from India and Turkey. In all these proceedings, members of the domestic industry expended significant time and resources to bring and participate in those investigations. Moreover, as discussed above, there has been a significant increase in investment and production capacity within the domestic QSP industry since 2020, including capital investments which the imposition of AD / CVD orders on QSP from China, India, and Turkey helped spur and new
167 USITC, Supplemental Report Regarding Unforeseen Developments at 10.
168 Schedule XX – United States of America at USA1-204( GATT 1994).
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