PUBLIC VERSION
producers entering the U. S. market, expanding the U. S. investment in and production capacity for QSP.
Unfortunately, the beneficial impact of the AD / CVD orders was short-lived and was never fully realized because surging imports from both subject and other import sources not subject to the orders rapidly increased. Two U. S. producers – Caesarstone and USA Quartz – were forced to close their factories and cease producing QSP in the United States. Other domestic producers were forced to curtail operations due to poor market conditions caused by import competition.
The domestic industry has spent considerable resources and energy to remain competitive, expand domestic capacity, reinvest in their businesses, and retain and attract customers. Despite these extensive and best efforts, the domestic industry now finds itself in a situation where safeguard relief is necessary.
X. IMPORTS FROM USMCA COUNTRIES( 19 C. F. R. § 206.14( I))
Upon issuing an affirmative determination, the Commission must make an additional finding regarding United States-Mexico-Canada Agreement(“ USMCA”)( formerly, North American Free Trade Agreement(“ NAFTA”)) countries. 169 Specifically, the Commission shall consider whether:( 1) the imported article from a USMCA country, considered individually,
169 See United States-Mexico-Canada Agreement Implementation Act § 301, 19 U. S. C. § 4551( a). The
Statement of Administrative Action accompanying the United States-Mexico-Canada Agreement Implementation Act(“ USMCA SAA”) notes that Article 10.2 of the USMCA replicates Article 802 of the NAFTA, the provision providing for exclusion of a member country’ s goods from global safeguard actions. See USMCA SAA at 23-24, available at https:// www. finance. senate. gov / imo / media / doc / FINAL % 20SAA % 20USMCA. pdf. In addition, the USMCA SAA explains that Sections 301 and 302 of the USMCA Implementation Act maintain the treatment provided in Sections 311 and 312 of the NAFTA Implementation Act, formerly codified at 19 U. S. C. §§ 3371, 3372. Id.
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