PUBLIC VERSION
account for a substantial share of total imports; and( 2) the imported article from a USMCA country, considered individually, or in exceptional circumstances USMCA imports considered collectively, contributes importantly to the serious injury, or threat thereof, caused by imports. 170 With respect to the first prong, the statute states that imports from a USMCA country“ normally shall not be considered to account for a substantial share of total imports if that country is not among the top five suppliers of the article subject to the investigation, measured in terms of import share during the most recent three-year period.” 171 With respect to the second prong, the statute defines“ contribute importantly” as an important cause, but not necessarily the most important cause. 172 In determining whether imports have contributed importantly to the serious injury or threat thereof caused by imports, the Commission is directed to
consider such factors as the change in the import share of the USMCA country or countries, and the level and change in the level of imports from such country or countries. { I } mports from a USMCA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period. 173
170 19 U. S. C. § 4551( a)( 1)-( 2). Under the first prong of the statute, imports from a USMCA country
normally will not be considered to account for a substantial share of total imports if that country is not among the top five suppliers of the article subject to investigation, based on the import share during the most recent three-year period. Id. § 4551( b)( 1). Under the second prong, in determining whether imports from a USMCA country individually contribute importantly to the serious injury or threat thereof, the Commission shall consider factors such as the change in the import share of the USMCA country, the level of imports from such country, and the change in the level of imports from such country. Id. § 4551( b)( 2). If imports from a USMCA country increased, the Commission will consider whether the rate of increase is appreciably lower than the growth rate of total imports from all sources over the same period. Id. § 4551( b)( 2).
171 19 U. S. C. § 4551( b)( 1).
172 19 U. S. C. § 4551( c).
173 19 U. S. C. § 4551( b)( 2).
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