Sec. 3. Evaluation of impact on domestic industry in determination of material injury
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Section 771(7)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1677(7)(C) ) is amended by striking clause
(iii)and inserting the following: In examining the impact required to be considered under subparagraph (B)(i)(III), the Commission shall evaluate all relevant economic factors that have a bearing on the state of the industry in the United States, including— actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity, factors affecting domestic prices, actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and in a proceeding under subtitle B, the magnitude of the margin of dumping. The Commission shall evaluate all relevant economic factors described in subclause
(I)within the context of the business cycle and conditions of competition that are distinct to the affected industry. The fact that the performance of the affected industry has improved during the period of investigation shall not preclude a finding of material injury or threat of material injury if the improvement in performance has been affected by imports of the subject merchandise. In the case of an investigation initiated by petition, if the National Bureau of Economic Research or another government agency responsible for business cycle evaluation declares that a recession began at any time during the 3-year period preceding the date on which the petition was filed, the Commission may, if timely requested by an interested party, extend its normal period of investigation to ensure that the period begins at least 365 days before the beginning of the recession to ensure that the condition of the affected industry can be appropriately assessed in relation to the business cycle. .
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Sec. 3
Evaluation of impact on domestic industry in determination of material injury
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